Allen v. Krips
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 103 July Term 1887, Sup. Ct.; No. 2258 December Term 1872, O. D. C., now C. P. No. 1. On January 28, 1873, a summons in case was issued by Elwood Allen and Franklin Knight, trading as Allen & Knight, to use of Ernst Sopp v. Sarah A. W. Krips, administratrix of Henry Krips, deceased. The writ which was returnable to the first Monday of February, 1873, was returned nihil habet.
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ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 103 July Term 1887, Sup. Ct.; No. 2258 December Term 1872, O. D. C., now C. P. No. 1. On January 28, 1873, a summons in case was issued by Elwood Allen and Franklin Knight, trading as Allen & Knight, to use of Ernst Sopp v. Sarah A. W. Krips, administratrix of Henry Krips, deceased. The writ which was returnable to the first Monday of February, 1873, was returned nihil habet. An alias summons was issued on July 23, 1877, returnable to the first Monday of August following, which writ was returned, served. The cause was put at…
1Opinion of the Court
Opinion,
Mr. Justice Paxson.
The only error assigned to this record is the order of the court below striking off the judgment entered on April 26, 1886, for want of an appearance. The said judgment was entered against the widow and heirs of Henry Krips, deceased, upon a scire facias to show cause why a certain judgment recovered against the administratrix of said Henry Krips should not be levied and paid out of the real estate, of which the said Henry Krips died seized.
The record shows that the scire facias to bring in the widow and heirs was issued over thirteen years after the death of the…
2Cases cited5 opinions
- Dorrance v. ScottSupreme Court of Pennsylvania · 1838
- Knox v. FlackSupreme Court of Pennsylvania · 1853
- Commonwealth ex rel. Dauphin County v. HoffmanSupreme Court of Pennsylvania · 1873
- Post v. WallaceSupreme Court of Pennsylvania · 1885
- Hope v. MarshallSupreme Court of Pennsylvania · 1881
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- William Flaccus Oak Leather Co. v. HeasleySuperior Court of Pennsylvania · 1912
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