Collins v. Freas
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: Of January Term 1874, No. 50. This was an action of debt, brought February 9th 1871, by Hiram B. Freas and Margaret his wife, in her right, against Peter F. Collins. The action was upon an award which was filed with praecipe.
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Error to the Court of Common Pleas of Schuylkill county: Of January Term 1874, No. 50. This was an action of debt, brought February 9th 1871, by Hiram B. Freas and Margaret his wife, in her right, against Peter F. Collins. The action was upon an award which was filed with praecipe. On the 1st of May 1871, judgment was entered against the defendant for want of an affidavit of defence, and damages assessed at $2000. On the 26th of June the judgment was opened, and the defendant filed an affidavit of defence, “That he does not owe nor is he indebted to the plaintiff in any amount whatever.” He…
1Opinion of the CourtJustice Mercur
The first assignment is to the admission in evidence, of the record of the judgment previously taken in the case. The judgment had been opened generally. No conditions or restrictions had been imposed on the defendant therein. The pleas subsequently entered struck at the root of the award on which the action was founded, and denied the existence of any indebtedness; the trial then was to be had as if no judgment had been entered. The same burden of proof was imposed on the plaintiff. It gave to the defendant the same defences that were open to him at the commencement of the suit: Leeds v.…
2Cases cited2 opinions
- Leeds v. BenderSupreme Court of Pennsylvania · 1843
- Carson v. CoulterSupreme Court of Pennsylvania · 1854
3Cited by2 opinions
- Poelcher v. ZinkSupreme Court of Pennsylvania · 1954
- McGowan v. KnittelCourt of Appeals for the Third Circuit · 1905