Henry v. Brothers
Supreme Court of Pennsylvania
Error to the Common Pleas of Mifflin county. This was a scire facias by William Brothers for William May, and now for the use of Eliza Butler, against Francis Henry, to revive a judgment which had been entered to November Term 1859, No. 47. The defendant pleaded payment with leave and set-off, to which, on the trial, were added the pleas of nul tiel record and lunacy. Under the ruling of the court below there was a verdict and judgment for plaintiff.
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Error to the Common Pleas of Mifflin county. This was a scire facias by William Brothers for William May, and now for the use of Eliza Butler, against Francis Henry, to revive a judgment which had been entered to November Term 1859, No. 47. The defendant pleaded payment with leave and set-off, to which, on the trial, were added the pleas of nul tiel record and lunacy. Under the ruling of the court below there was a verdict and judgment for plaintiff. The whole case, as it was presented here, -will be found in the opinion of this court.
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— This was a scire facias to revive a judgment, to which the defendant pleaded nul tiel record, his own lunacy, and payment. There are three assignments of error in the record. The first is that the court refused to open the original judgment upon which the scire facias was founded. To this there are two answers. The record of the first judgment is not before us, except so far as it is exhibited in replication to the plea of nul tiel record. This writ of error brings up only the proceedings in the scire facias. And if it did more, the…
2Cases cited1 opinion
- Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
3Cited by9 opinions
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