Hummel v. Lilly
Supreme Court of Pennsylvania
Appeal, No. 5, Jan. T., 1898, by defendant, from order of C. P. Northampton Co., July T., 1897, No. 45, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias to revive judgment. Before Schuyler, P. J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 5, Jan. T., 1898, by defendant, from order of C. P. Northampton Co., July T., 1897, No. 45, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias to revive judgment. Before Schuyler, P. J. Rule for judgment for want of a sufficient affidavit of defense. The plaintiff’s statement averred that “ the said William E. Lilly has paid no part of said principal nor any interest, neither to the said Joseph Hummel in his lifetime, nor to the said administrator, nor to any other person for the said Joseph Hummel or the said administrator.” The…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The plaintiff, on June 24,1897, issued a scire facias to revive and continue the lien of a judgment entered June 1, 1876. More than twenty years having elapsed from the entry of the judgment, the debt was paid by presumption of law at the time the sci. fa. was issued. In the plaintiff’s statement no fact or circumstance was averred as explanatory of the long delay in demanding payment, and no new undertaking, and no other act or declaration of the defendant was alleged of such a character that it would amount to a recognition of the debt, such as a payment of…
2Cases cited8 opinions
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3Cited by7 opinions
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