Allen v. Krips
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON FLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 145 January Term 1889, Sup. Ct.; court below, No. 2257 December Term 1872, Old District Court (C. P. No. 1). A summons in cáse was issued on January 28, 1873, by Elwood Allen, F. C. Gillingham and Franklin Knight, trading as Allen, Gillingham & Co., to the use of Ernest Sopp, against Sarah A. W. Krips, administratrix of Henry Krips.
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ERROR TO THE COURT OF COMMON FLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 145 January Term 1889, Sup. Ct.; court below, No. 2257 December Term 1872, Old District Court (C. P. No. 1). A summons in cáse was issued on January 28, 1873, by Elwood Allen, F. C. Gillingham and Franklin Knight, trading as Allen, Gillingham & Co., to the use of Ernest Sopp, against Sarah A. W. Krips, administratrix of Henry Krips. The writ, returnable to the first Monday of February, 1873, was returned nihil habet. An alias summons was issued on July 23,1877, returnable to the first Monday of August following, which .writ…
1Opinion of the Court
Per Curiam :
It appears by the record in this case that the original action was brought against Sarah A. W. Krips, administratrix of Henry Krips, deceased, in January, 1872, but judgment was not obtained until March, 1886, more than thirteen years after the decease of the defendant’s intestate. A scire facias was then issued on the judgment to bring in the widow and heirs, and afterwards judgment de terris against them was entered in default of appearance. In April, 1887, the judgment was stricken off on the ground that it was improvidently entered. That action of the court has been assigned…
2Cases cited2 opinions
- Allen v. KripsSupreme Court of Pennsylvania · 1888
- Hope v. MarshallSupreme Court of Pennsylvania · 1881
3Cited by3 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Commonwealth ex rel. McDonald v. CooperSupreme Court of Pennsylvania · 1899
- Curtze v. Ostrow, Pennsylvania Court of Common Pleas, Erie County1941