Legal Opinion

Riott v. Blackstone

Superior Court of Pennsylvania

Decided July 28, 1899PublishedCited by 1 opinion

Appeal, No. 78, April T., 1899, by defendants, from judgment of C. P. Lawrence Co., March T., 1897, No. 8, for plaintiff, for want of a sufficient affidavit of defense. Opinion by Rice, P. J. Appeal from judgment of alderman. Before Wallace, P. J. It appears from the record that plaintiff brought an action to recover one half the cost of drilling an oil well in Butler county. Judgment by default was taken before the alderman and defendant appealed.

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Appeal, No. 78, April T., 1899, by defendants, from judgment of C. P. Lawrence Co., March T., 1897, No. 8, for plaintiff, for want of a sufficient affidavit of defense. Opinion by Rice, P. J. Appeal from judgment of alderman. Before Wallace, P. J. It appears from the record that plaintiff brought an action to recover one half the cost of drilling an oil well in Butler county. Judgment by default was taken before the alderman and defendant appealed. Judgment by default was again taken before the common pleas which on motion was subsequently opened. On October 27, 1897, an affidavit having been…

1Opinion of the Court

Opinion by

Rice, P. J.,

At common law where a specific thing was sued for, as in actions of debt for a sum certain, the judgment for the plaintiff upon demurrer, default, or by confession was held not to be interlocutory, but final in the first instance. Hence in a case where the defendant confessed judgment, “ sum to be liquidated by attorneys,” it was held that this operated at once as a final judgment for purpose of lien, without previous liquidation: Com. v. Baldwin, 1 Watts, 54; Arrison v. Com., 1 Watts, 374.

Under the decisions prior to the passage of the procedure act of 1887, which has…

2Cases cited6 opinions

  1. Commonwealth v. BaldwinSupreme Court of Pennsylvania · 1832
  2. In re Fulton's EstateSupreme Court of Pennsylvania · 1866
  3. Campbell v. FloydSupreme Court of Pennsylvania · 1893
  4. Arrison v. CommonwealthSupreme Court of Pennsylvania · 1833
  5. Watkins v. PhillipsSupreme Court of Pennsylvania · 1837

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3Cited by1 opinion

  1. Fitzpatrick v. RogersSuperior Court of Pennsylvania · 1920

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