Palmenberg v. Turk

The appellants, plaintiffs below, recovered a judgment against the defendant in November, 1893, and in October, 1905, caused a writ of scire facias to be issued upon it. After two returns of nihil, a judgment of fiat was entered in course in January, 1906. In December, 1909, a motion was bled to stinke out the judgment of fiat, upon the grounds of surprise, lack of notice of the scire facias proceedings and the discharge of the defendant in April, 1900, under proceedings in the Bankrupt Court-. This motion was granted and the judgment of fiat stricken oiit on December 12, 1910. Upon the…