Mellon v. Sawyer
Superior Court of Pennsylvania
Appeal, No. 114, April T., 1906, by defendant, from order of C. P. No.,2, Allegheny Co., July T., 1905, No. 994, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Andrew Mellon v. Harry C. Sawyer. Appeal from judgment of a justice of the peace. The facts appear by the opinion of the Superior Court. Error assigned was order making absolute rule for judgment of the Superior Court.
1Opinion of the Court
Opinion by
Head, J.,
In 1890, Andrew W. Mellon brought an action against Harry C. Sawyer, the appellant, before an alderman in the city of Pitts-burg. The summons was regularly served on the defendant, who declined to appear, and, in due course, a judgment was *418rendered against him. No appeal was ever taken by the defendant, nor was any proceeding instituted to have the said judgment reversed or set aside — in a word, its validity was never directly questioned.
In 1905, an action, in the nature of a scire facias, was begun by the plaintiff, before another magistrate, to revive the said judgment.…
2Cases cited2 opinions
- Seymour v. HubertSupreme Court of Pennsylvania · 1880
- Huffsmith v. LeveringSupreme Court of Pennsylvania · 1838