Ahl ex rel. Long v. Goodhart
Supreme Court of Pennsylvania
Appeal, No. 365, Jan. T., 1893, by defendants, Alexander'Goodhart et al., from judgment of G. P. Cumberland Co., Sept T., 1891, No. 257, on verdict for plaintiff, T. W. Ahl for use of C. Long. Scire facias to revive judgment. Before Sadler, P. J. At the trial it appeared that the judgment had been confessed for the purchase money of land. Defendants claimed that it was to be paid by iron ore mined from the land, and that they had delivered sufficient ore to pay the debt.
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Appeal, No. 365, Jan. T., 1893, by defendants, Alexander'Goodhart et al., from judgment of G. P. Cumberland Co., Sept T., 1891, No. 257, on verdict for plaintiff, T. W. Ahl for use of C. Long. Scire facias to revive judgment. Before Sadler, P. J. At the trial it appeared that the judgment had been confessed for the purchase money of land. Defendants claimed that it was to be paid by iron ore mined from the land, and that they had delivered sufficient ore to pay the debt. This defence had previously been set up on a “ rule to show cause why the judgment should not be marked satisfied and why…
1Opinion of the Court
Per Curiam,
Appellant’s paper-book is defective in that it does not contain either the affidavit of defence to this scire facias, or the opinion of the court, January 22, 1892, discharging, at petitioners’ costs, the “rule to show cause why the judgment should not be marked satisfied, and why it should not be opened and the defendants allowed to defend.” This would be good ground for summarily disposing of the appeal; but, inasmuch as the appellee has supplied these essential portions of the record, the case may be disposed of on its merits.
An inspection of the record, including the opinion…
2Cases cited3 opinions
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