Miller v. Overseers of Poor
Superior Court of Pennsylvania
Appeal, No. 13, Feb. T., 1901, by appellant, from order of C. P. Lycoming Co., Dee. T., 1898, No. 550, refusing to take off nonsuit in case of W. H. H. Miller v. The Overseers of the Poor of the City of Williamsport. Scire facias to revive judgment standing on the docket of a justice of the peace. Appeal from judgment of a justice of the peace on a scire facias.
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Appeal, No. 13, Feb. T., 1901, by appellant, from order of C. P. Lycoming Co., Dee. T., 1898, No. 550, refusing to take off nonsuit in case of W. H. H. Miller v. The Overseers of the Poor of the City of Williamsport. Scire facias to revive judgment standing on the docket of a justice of the peace. Appeal from judgment of a justice of the peace on a scire facias. At the trial it appeared that plaintiff, a practising physician, had recovered a judgment against the overseers of the poor of the city of Williamsport, on November 28, 1868, before an alderman. In August, 1898, he revived this…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff obtained judgment against the defendants before a justice of the peace in November, 1868, and in August, 1898, issue a scire facias thereon. The case came into the common pleas on appeal by the defendants from the judgment rendered by the justice on the sci. fa. On the trial in the common pleas the defendants offered no evidence, but, after the plaintiff rested, moved for a compulsory nonsuit, which was allowed. The refusal of the court to take off the nonsuit is the only ruling assigned as error.
After a lapse of twenty jmars mortgages, judgments and all…
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