Legal Opinion

Duffey v. Houtz

Supreme Court of Pennsylvania

Decided January 17, 1884PublishedCited by 5 opinions

Error to the Court of Common Pleas, No. l,of Philadelphia county: Of July Term, 1883, No. 85. Scire facias, to revive a judgment, issued by James Duffey against D. K. Houtz. The facts were as follows : On February 8th, 1878, James Duffey obtained a judgment against D. R. Houtz to December Term, 1877, No. Í154. On March 22d, 1878, J. B. Coryall obtained a judgment against the same defendant. Subsequently, on April 20th, 1878, Duffey obtained another judgment against said.

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Error to the Court of Common Pleas, No. l,of Philadelphia county: Of July Term, 1883, No. 85. Scire facias, to revive a judgment, issued by James Duffey against D. K. Houtz. The facts were as follows : On February 8th, 1878, James Duffey obtained a judgment against D. R. Houtz to December Term, 1877, No. Í154. On March 22d, 1878, J. B. Coryall obtained a judgment against the same defendant. Subsequently, on April 20th, 1878, Duffey obtained another judgment against said. Houtz, to March Term, 1878, No. 816. In January, 1883, Duffey issued a praecipe for a scire facias to revive the judgment…

1Opinion of the CourtChief Justice Mercur

This contention arises on the claim of the plaintiff to demand an amendment of the record to the prejudice of the vested right of one not a party to the record.

The plaintiff held two judgments against Houtz — one entered February 8th, 1878, in No. 1154, December Term, 1877; the other entered on the 20th April, 1878, in No. 816, March Term, 1878. J. B. Coryall, the now defendant in interest,recovered a judgment against Houtz on the 22d March, 1878.

*100In January, 1883, a praecipe was filed in No. 816, March Term, 1878, and a scire'facias issued to revive the judgment. The writ was-returned by the…

2Cases cited5 opinions

  1. Fetterman v. MurphySupreme Court of Pennsylvania · 1835
  2. Crutcher v. CommonwealthSupreme Court of Pennsylvania · 1841
  3. Maus v. MausSupreme Court of Pennsylvania · 1836
  4. Arrison v. CommonwealthSupreme Court of Pennsylvania · 1833
  5. Flicker's AppealSupreme Court of Pennsylvania · 1833

3Cited by5 opinions

  1. Wilkinson v. North East BoroughSupreme Court of Pennsylvania · 1906
  2. Clark EstateSupreme Court of Pennsylvania · 1923
  3. First National Bank v. TomichekSuperior Court of Pennsylvania · 1940
  4. Jay Vending, Inc.Superior Court of Pennsylvania · 1975
  5. Lebanon Valley National Bank v. Henning, Pennsylvania Court of Common Pleas, Lebanon County1969

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