Stroud's Appeal
Supreme Court of Pennsylvania
Ai'peaTj from the Court of Common Pleas of Susquehanna count//: Of January Term 1885, No. 386. This was an appeal by Billings Stroud from a decree of said court discharging a rule to show cause why a judgment against him should not be opened and defendant let into a defence. Judgment for $6000 and interest from December 7th, 1881, was entered in favor of A. Lathrop, trustee of the assigned estate of W. IT.
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Ai'peaTj from the Court of Common Pleas of Susquehanna count//: Of January Term 1885, No. 386. This was an appeal by Billings Stroud from a decree of said court discharging a rule to show cause why a judgment against him should not be opened and defendant let into a defence. Judgment for $6000 and interest from December 7th, 1881, was entered in favor of A. Lathrop, trustee of the assigned estate of W. IT. Cooper, on a judgment note dated December 7th, 1881, due one day after date, given by Billings Stroud to Wm. II. Cooper & Co., assignors of the plaintiff. The facts as they appeared before…
1Opinion of the CourtChief Justice Mercur
The merits of the original judgment cannot be inquired into in a scire facias on that judgment: Pitts. Cin. & St. L. Railway Co. v. Marshall, 4 Norris, 187. As a general rule no defence can be made to a scire facias on a judgment except one arising subsequent to the judgment: Seymour v. Hubert, 11 Norris, 499. The only defence in the trial of a scire facias on a judgment is a denial of the existence of the judgment or proof of a subsequent satisfaction in law or equity or a discharge thereof: Dowling v. McGregor,10 Id., 410.
When a judgment is opened it is not subject to set-off generally. The…
2Cited by10 opinions
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- Cooke v. EdwardsSuperior Court of Pennsylvania · 1900
- Plympton Cabinet Co. v. RosenbergSuperior Court of Pennsylvania · 1929
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