Kincade v. Cunningham
Supreme Court of Pennsylvania
Error, No. 200, Oct. T. 1888, to C. P. Indiana Co., to review an order staying an execution upon a judgment for want of a sufficient affidavit of defense on a scire facias sur judgment, at Sept. T. 1885, No. 55. The original judgment was entered March 13, 1883, on a bill single, for SI,000, dated the same day, payable five years after date, with confession of judgment, release of errors, without stay of execution and with waiver of inquisition and exemption.
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Error, No. 200, Oct. T. 1888, to C. P. Indiana Co., to review an order staying an execution upon a judgment for want of a sufficient affidavit of defense on a scire facias sur judgment, at Sept. T. 1885, No. 55. The original judgment was entered March 13, 1883, on a bill single, for SI,000, dated the same day, payable five years after date, with confession of judgment, release of errors, without stay of execution and with waiver of inquisition and exemption. On June 10, 1885, the scire facias was issued. An affidavit of defense was filed, by which it appeared that the plaintiff was the wife…
1Opinion of the Court
Hand, J.,
The question of judgment in this ease has been before this court, and it is reported in 118 Fa. 501. The sole question now is whether an execution may issue at the instance of the wife without the consent of the husband. The law is reasonably progressive. There is no stronger evidence of this than the statutes of this commonwealth and the decisions of this court on the subject of the rights and privileges of married women. If the curious wish to verify this, it may be found in the reasoning of Agnew, J., in Williams’s Appeal, 41 Pa. 308 ; Trunkey, J., in Rose v. Latshaw, 90 Pa. 238,…
2Cases cited1 opinion
- Rose v. LatshawSupreme Court of Pennsylvania · 1879