Hess v. Frankenfield
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bucks county; Of January Term, 1884, No. 41. This was a scire facias sur judgment, quare exeeutionem, non, by Tobias G. Frankenfield, administrator of the estate of Hannah Hess, deceased, against David W. Hess, executor of the last will and testament of Addison J. Hess, deceased.
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Error to the Court of Common Pleas of Bucks county; Of January Term, 1884, No. 41. This was a scire facias sur judgment, quare exeeutionem, non, by Tobias G. Frankenfield, administrator of the estate of Hannah Hess, deceased, against David W. Hess, executor of the last will and testament of Addison J. Hess, deceased. The original judgment was entered October 1, 1863. in favor of Hannah Hess against Addison J. Hess (plaintiffs husband) upon a judgment note-, bearing date April 3, 1860, for $3,000, payable one year after date, with interest. On December 18, 1882, the death of the plaintiff was…
1Opinion of the CourtJustice Green
The only question in this case is whether it should have been determined by the court or the jury. The court decided it by directing a verdict for the plaintiff. The question was one of payment. The claim was a scire facias to revive a judgment entered more than nineteen years before the writ issued. The judgment was entered by Addison J. Hess against himself and in favor of his wife on October 1, 1863, upon a note for 83000 dated April 3, 1860, but really executed shortly before the judgment was entered. The wife died in January, 1870, and her husband, the defendant in the judgment, in…
2Cases cited1 opinion
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Conrad's EstateSupreme Court of Pennsylvania · 1938
- Woodward v. CarsonSupreme Court of Pennsylvania · 1904
- Cannon's EstateSupreme Court of Pennsylvania · 1938
- Hummel v. LillySupreme Court of Pennsylvania · 1898
- Brooks v. RudolphSupreme Court of Pennsylvania · 1952
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