Loomis v. Ross
Superior Court of Pennsylvania
Appeal, No. 227, April T., 1899,. by defendants, from order of C. P. Erie Co., Nov. T., 1898, fi, fa. No. 61, to judgment No. 104, May T., 1890, refusing to stay writ of execution. Rule to show cause why execution should not be stayed. Before Lindsey, P. J., of the 37th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court. The court below discharged the rule. Defendants appealed..
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Appeal, No. 227, April T., 1899,. by defendants, from order of C. P. Erie Co., Nov. T., 1898, fi, fa. No. 61, to judgment No. 104, May T., 1890, refusing to stay writ of execution. Rule to show cause why execution should not be stayed. Before Lindsey, P. J., of the 37th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court. The court below discharged the rule. Defendants appealed.. Errors assigned among others were (1) in discharging the rule-to show cause why the writ should not be stayed. (3) In allowing the amendment of the writ.
1Opinion of the Court
Opinion by
Orlady, J.,
This appeal is from an order of the court below refusing to' stay a writ of fieri facias, which had been issued on a judgment, entered by the court on May 20,1895. A fruitless attempt had been made by one of the defendants to have the original judgment opened so that a defense could be made thereto by Eleanor B. Ross, the petitioner. After several attempts to have the-judgment opened, on motion of the plaintiff’s attorney, it was. liquidated and finally entered by the court against both the defendants for the amount wdiich was admitted to be due by the affidavit of…
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