Desipio v. Desipio

Smith, P. J.,

This matter comes before the court on defendants’ rule to show cause why a judgment should not be stricken off.

On May 24, 1946, judgment by confession was entered in favor of plaintiff against Elisabetta De Sipio and her husband, Nicola De Sipio, by virtue of a warrant of attorney contained in a single bill dated February 1, 1946. The said husband, Nicola De Sipio, died April 22, 1946 (before the said judgment was entered of record). A warrant of confession loses its efficacy when the maker dies: Stucker v. Shumaker, Executrix, 290 Pa. 348, 351. Thus as to the husband defendant,…