Miller v. Duvall
Supreme Court of Pennsylvania
PROM THE DECREE OE THE COURT OE COMMON UREAS OE WASHINGTON COUNTY. Nos. 150 and 151 October Term 1888, Snp. Ct., court below, No. 134 May Term 1885, C. P. On April 28, 1885, Jacob Duvall, a defendant in a judgment in favor of James M. Miller, for use of A. D. Scott, against Jacob Duvall and Alexander Duvall, entered to No. 134 May Term 1885, as a revival of No. 5 May Term 1879, presented his petition setting forth a history of the indebtedness represented by the judgment;…
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PROM THE DECREE OE THE COURT OE COMMON UREAS OE WASHINGTON COUNTY. Nos. 150 and 151 October Term 1888, Snp. Ct., court below, No. 134 May Term 1885, C. P. On April 28, 1885, Jacob Duvall, a defendant in a judgment in favor of James M. Miller, for use of A. D. Scott, against Jacob Duvall and Alexander Duvall, entered to No. 134 May Term 1885, as a revival of No. 5 May Term 1879, presented his petition setting forth a history of the indebtedness represented by the judgment; that as appeared by the record to No. 5 May Term 1889, the judgment entered thereto was assigned to A. D. Scott on March…
1Opinion of the Court
*162Opinion,
Mr. Justice Paxson :
SCOTT’S APPEAL.
This was an appeal by the use-plaintiff from the decree of the court below, opening the judgment No. 134 May Term 1885, and awarding an issue. The issue was tried in the court below, with the result of a verdict materially reducing the amount of the judgment. The case now comes up with an appeal from the order opening the judgment, and a writ of error to the judgment in the feigned issue. This is in accordance with the proper practice: English’s Appeal, 119 Pa. 533; Citizen’s B. & L. Ass’n v. Hoagland, 87 Pa. 326.
The order of court opening the…
2Cases cited2 opinions
- English v. HagerSupreme Court of Pennsylvania · 1888
- Citizens' Building & Loan Ass'n v. Hoagland & GassSupreme Court of Pennsylvania · 1878