McCormick v. Bickerton
Supreme Court of Pennsylvania
Appeal, No. 18, Oct. T., 1915, by plaintiff, from judgment of O. P. Allegheny Co., July T., 19.12, D. S. B., No. 1005, on verdict for defendant, in case of Benjamin N. McCormick v. Thomas S. Bickerton. Rule to open judgment. Before Coe;en, J. The court opened the judgment and let the defendant into a defense.
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Appeal, No. 18, Oct. T., 1915, by plaintiff, from judgment of O. P. Allegheny Co., July T., 19.12, D. S. B., No. 1005, on verdict for defendant, in case of Benjamin N. McCormick v. Thomas S. Bickerton. Rule to open judgment. Before Coe;en, J. The court opened the judgment and let the defendant into a defense. The facts appear in the charge to the jury, which was, in part, as follows: This is a suit in which Benjamin N. McCormick appears as the plaintiff and Thomas S. Bickerton as the defendant; but the defendant, Bickerton, is the real plaintiff, and the plaintiff, McCormick, is the real…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The questions in the case have been elaborately discussed in the charge and opinion of the learned trial judge and little, if anything, need be added to sustain the judgment. The defendant’s farm was sold by the sheriff on a judgment of $6,000.00 entered on a judgment note, secured by a mortgage of like amount on the real estate sold. The plaintiff purchased the property for the amount of taxes and costs. He subsequently issued an alias fieri facias to collect the judgment, and having levied on the personal property of defendant, the latter, applied to the…
2Cited by1 opinion
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