Smith v. Pringle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: Of January Term 1881, No. 150. On May 18th 1877 one A. J. Pringle entered a judgment against Marcus Smith in the sum of $450 upon a confession of judgment contained in a lease of certain premises executed by Pringle to Smith. Smith subsequently obtained a rule to show cause why the judgment should not be opened and he let into a defence, which rule was afterwards made absolute.
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Error to the Court of Common Pleas of Luzerne county: Of January Term 1881, No. 150. On May 18th 1877 one A. J. Pringle entered a judgment against Marcus Smith in the sum of $450 upon a confession of judgment contained in a lease of certain premises executed by Pringle to Smith. Smith subsequently obtained a rule to show cause why the judgment should not be opened and he let into a defence, which rule was afterwards made absolute. On the trial of the ease, the following facts appeared: ■ — The lease containing the warrant of attorney in question was executed on February 6th 1875, the term to…
1Opinion of the CourtChief Justice Sharswood
The judgment in this case was entered under the power contained in the lease by Pringle to Smith, for one year from April 1st 1875, at the rent of $450. The judgment was confessed for the full sum of $450, evidently to secure the payment of that rent. There is nothing to extend it as security beyond that amount. The renewal of the lease by the tenant continuing in possession, clearly would not do so. When, therefore, the rent for the term of the lease was paid, the judgment was paid. The implied renewal of the lease could not revive the judgment, once extinguished and dead. That the plaintiff…
2Cited by8 opinions
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- Schetter v. United StatesDistrict Court, W.D. Pennsylvania · 1956
- Thompson v. CarnsSuperior Court of Pennsylvania · 1928
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