Melan v. Smith
Supreme Court of Pennsylvania
APPEAL BY USE PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 239 January Term 1890, Sup. Ct.; court below, No. 9 May Term 1886, C. P. On March 1, 1886, there was entered in the court below a judgment by confession in favor of Henry J. Melan, against William Smith, for $745, with interest.
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APPEAL BY USE PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 239 January Term 1890, Sup. Ct.; court below, No. 9 May Term 1886, C. P. On March 1, 1886, there was entered in the court below a judgment by confession in favor of Henry J. Melan, against William Smith, for $745, with interest. On September 27, 1889, there was filed an assignment thereof as follows : “ Now, July 31, 1889, received in full the sum of eight hundred and twenty-seven and dollars of Margaret Smith, for which I hereby assign, transfer and set over to her, the said Margaret Smith, all my right, title and…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
The order complained of in this appeal was made under the authority of the act of March 14,1876. The proceeding being in derogation of the common law, the act that authorizes it must receive a strict construction: Felt v. Cook, 95 Pa. 247. It authorizes the court in which any judgment has been entered, on the application of the defendant, made under oath, setting forth that the judgment has been paid in full, together with all the costs, to grant a rule on the plaintiff to show cause why the judgment shall not be marked satisfied on the record. On the hearing of…
2Cases cited1 opinion
- Felt & Co. ex rel. Gifford v. Cook & HackettSupreme Court of Pennsylvania · 1880
3Cited by9 opinions
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- Gretz v. Esslinger's, Inc.Supreme Court of Pennsylvania · 1967
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