Legal Opinion

Schalck v. Quirk

Pennsylvania Court of Common Pleas, Schuylkill County

Decided July 1, 1873PublishedCited by 1 opinion

Buie to show cause why judgment should not he opened and defendant let into a defence.

1Opinion of the Court

Opinion delivered by

Walker, J.

This was a scire facias on a mortgage dated 2 6 Aug., 1871, given by Thomas Quirk and Alicia his wife, in right of the said Alicia to Adolph W. Schalck of two lots of ground and buildings thereon, situate in Pottsville, Schuylkill county. The mortgage with the accompanying bond was for fifteen hundred dollars, and was made payable on the 26th August, 1872. The mortgage contained a clause that in case of default of payment when due, a writ of scire facias might be forthwith sued out and the mortgagee proceed to recover the principal and interest of the mortgage…

2Cases cited2 opinions

  1. Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
  2. Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841

3Cited by1 opinion

  1. Gazzolo v. ChambersIllinois Supreme Court · 1874

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