Radcliffe v. Herbst
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EROM THE COHRT OE COMMON PLEAS OE YORK COUNTY. No. 320 January Term 1890, Sup. Ct.; court below, No. 46 January Term 1889, C. P. On December 3, 1888, Mark Radcliffe, trustee for Frank G. Shaffer, Annie Dehuff, Clinton Seitz, William F. Olp and Roland Seitz, brought scire facias sur mortgage against Christina D. Herbst and Jacob S. Herbst, her husband.
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APPEAL BY PLAINTIEE EROM THE COHRT OE COMMON PLEAS OE YORK COUNTY. No. 320 January Term 1890, Sup. Ct.; court below, No. 46 January Term 1889, C. P. On December 3, 1888, Mark Radcliffe, trustee for Frank G. Shaffer, Annie Dehuff, Clinton Seitz, William F. Olp and Roland Seitz, brought scire facias sur mortgage against Christina D. Herbst and Jacob S. Herbst, her husband. The mortgage sued on was dated October 19, 1886, was given by the defendants to the plaintiff, and was duly executed by the mortgagors. It recited and secured a bond of the same date, signed by the mortgagors and conditioned…
1Opinion of the Court
Pee. Cueiam :
This was an appeal from the refusal of the court below to enter judgment against the defendants for want of a sufficient affidavit of defence. The language of this court in Griffith v. Sitgreaves, 81* Pa. 378, is so applicable to this class of cases that I quote it here:
“ The act of assembly authorizing writs of error to be taken when a Court of Common Pleas refuses to enter judgment on the ground of the sufficiency of an affidavit of defence, was intended to reach only clear cases of error in law, and thus to prevent the delay of a trial. Its effect is often to produce two writs…
2Cited by10 opinions
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- Max Meadows Land & Improvement Co. v. MendinhallSuperior Court of Pennsylvania · 1897
- Shumaker v. Security Life & Annuity Co. of AmericaCourt of Appeals for the Third Circuit · 1908
- Beck v. SchekterSupreme Court of Pennsylvania · 1912
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