Hopkins v. Stockdale
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 105 October Term 1887, Sup. Ct.; court below, No. 175 February Term 1887, C. P. The proceeding was a scire facias to revive et quare executionem non, by Wm. Smith & Son, for use of James H. Hopkins, against John M. Stockdale, upon a judgment to No. 228 February Term 1886. On January 12, 1886, to the number and term last referred to, a judgment was entered in favor of Wm.
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ERROR TO THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 105 October Term 1887, Sup. Ct.; court below, No. 175 February Term 1887, C. P. The proceeding was a scire facias to revive et quare executionem non, by Wm. Smith & Son, for use of James H. Hopkins, against John M. Stockdale, upon a judgment to No. 228 February Term 1886. On January 12, 1886, to the number and term last referred to, a judgment was entered in favor of Wm. Smith & Son against John M. Stockdale, for $751, with interest from February 28, 1885, under the warrant of attorney contained in the following note:— Washington,…
1Opinion of the Court
Opinion,
Me. Justice Williams:
The court below properly refused to enter judgment for want of a sufficient affidavit of defence in this case. The plaintiff held by an assignment from Smith & Son the sum of $374.19 of the amount of a judgment which Smith & Son had obtained against Stoekdale for $751. The balance of the judgment was soon after assigned to another, so that no part of it remained the property of Smith & Son. The judgment was not payable by instalments, but was entered for an entire sum then due and payable from Stoekdale to Smith & Son. In December of the same year Hopkins sued out…
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