Messmore ex rel. Messmore v. Williamson
Supreme Court of Pennsylvania
Appeal, No. 204, Oct. T., 1898, by defendant, Benjamin Williamson, heir and devisee of Archibald Morrison, deceased, from judgment of G. P. Greene Co., June T., 1896, No. 84, on verdict for plaintiff. Scire facias to revive judgment.
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Appeal, No. 204, Oct. T., 1898, by defendant, Benjamin Williamson, heir and devisee of Archibald Morrison, deceased, from judgment of G. P. Greene Co., June T., 1896, No. 84, on verdict for plaintiff. Scire facias to revive judgment. The writ was as follows: “Whereas Amanda Messmore use of I. L. Messmore, on the 13th day of May, in the year of our Lord one thousand eight hundred and ninety-five, obtained judgment in our county court of common pleas of Greene county aforesaid, before our judges at Waynesburg, against John Morrison, administrator of the estate of Joseph Morrison, dec’d, late of…
1Opinion of the Court
Opinion by
Mb. Justice Feel,
The exceptions upon which the assignments of error are based rest on purely technical grounds, and were taken at the close of the trial when the opportunity for amendment had passed. The omission to make the administrator a party defendant in the scire facias to charge the lands of the decedent with the payment of his debts was not, under the facts of the case, fatal to the proceeding. The administrator was also an heir, and as such was made a defendant, and had full notice of the proceeding, and he is not here complaining. In the body of the writ the parties to the…
2Cases cited4 opinions
- Sergeant's Heirs v. EwingSupreme Court of Pennsylvania · 1860
- Sample v. BarrSupreme Court of Pennsylvania · 1855
- Paul v. GrimmSupreme Court of Pennsylvania · 1898
- Coulter v. SelbySupreme Court of Pennsylvania · 1861