Baker v. Tustin
Supreme Court of Pennsylvania
Appeal, No. 388, Jan. T., 1913, by defendant, from judgment of C. P. Columbia Co., Sept. T., 1913, No. 89, for plaintiff for want of a sufficient affidavit of defense in case of Arvilla Baker, now Arvilla Troxell, v. George M. Tustin. ' Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. Before Evans, P. J. The opinion of the Supreme Court states the facts. The court made the rule absolute and entered judgment for plaintiff.
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Appeal, No. 388, Jan. T., 1913, by defendant, from judgment of C. P. Columbia Co., Sept. T., 1913, No. 89, for plaintiff for want of a sufficient affidavit of defense in case of Arvilla Baker, now Arvilla Troxell, v. George M. Tustin. ' Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. Before Evans, P. J. The opinion of the Supreme Court states the facts. The court made the rule absolute and entered judgment for plaintiff. Defendant appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Per Curiam,
The sole defense set up by the appellant in his affidavit is that the appellee had unlawfully entered judgment against him on his bond accompanying the mortgage upon which this writ of scire facias was issued, and the averment upon which he relied in the court below, in asking for the discharge of the rule for judgment for want of a sufficient affidavit of defense, is merely that he had been damaged by the entry of the said judgment in the sum of $10,000. It does not appear that he ever asked to have it opened or stricken off; but, aside from this, the vague allegation of the…
2Cases cited4 opinions
- Law v. WaldronSupreme Court of Pennsylvania · 1911
- Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
- Markley v. StevensSupreme Court of Pennsylvania · 1879
- Comly, Flanigan & Co. v. SimpsonSuperior Court of Pennsylvania · 1897
3Cited by9 opinions
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- Feather v. HusteadSupreme Court of Pennsylvania · 1916
- Bethlehem Steel Co. v. ToplissSupreme Court of Pennsylvania · 1915
- Willys-Overland, Inc. v. StrySuperior Court of Pennsylvania · 1921
- American Malting Co. v. Anthracite Brewing Co.Supreme Court of Pennsylvania · 1915
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