Kinsley v. Coyle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of May Term 1868, No. 3. A scire facias was issued May 1st 1866 by A. Coyle and Scott Coyle, trading as A. & S. Coyle, against Jacob Kinsley, Jr., on a judgment for $99.10, to January Term 1837. The case was referred to arbitrators, who awarded for the plaintiff. The defendant appealed; he afterwards died and his executrix was substituted. A case was stated showing the following additional facts.
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Error to the Court of Common Pleas of Cumberland county: Of May Term 1868, No. 3. A scire facias was issued May 1st 1866 by A. Coyle and Scott Coyle, trading as A. & S. Coyle, against Jacob Kinsley, Jr., on a judgment for $99.10, to January Term 1837. The case was referred to arbitrators, who awarded for the plaintiff. The defendant appealed; he afterwards died and his executrix was substituted. A case was stated showing the following additional facts. There had been no revival of the judgment, or attempt to revive until the issuing of this scire facias. Before the arbitrators it was admitted…
1Opinion of the Court
The opinion of the court was delivered, May 20th 1868, by
Sharswood, J.
More than thirty years ago a judgment was obtained against the defendant below at the suit of the plaintiff. In a scire facias to revive this judgment on a trial before arbitrators the plaintiff called the defendant as a witness, who said: “ I did not pay the judgment in money; I consider it paid by the lapse of time.” The defendant being now dead, the parties have agreed on this case stated, in which, after reciting these facts, the question submitted to the court is, “ whether the above evidence of the defendant on oath,…
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