Trader v. Newcomer
Supreme Court of Pennsylvania
Appeal, No. 161, Jan. T., 1897, by defendants, from judgment of C. P. Fayette Co., Dec. T., 1896, No. 882, on verdict for plaintiffs. Scire facias to revive a judgment which had been previously revived by confession. Before Mestrezat, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 161, Jan. T., 1897, by defendants, from judgment of C. P. Fayette Co., Dec. T., 1896, No. 882, on verdict for plaintiffs. Scire facias to revive a judgment which had been previously revived by confession. Before Mestrezat, J. The facts appear by the opinion of the Supreme Court. Error assigned was in overruling defendants’ offer to prove that the previous revival by confession had been procured by duress and threats and that the debt represented by the judgment had been paid prior to the revival.
1Opinion of the Court
Per Curiam,
The original judgment in this case was entered in 1882 against Abigail Newcomer, a widow, and her brother Thomas Sessler, who was surety. In 1883 the judgment was assigned to the present plaintiffs who are children of Mrs. Newcomer. In 1887, she, having before that married Messmore Lawrence, together with Sessler, confessed judgment of revival for $1,068. In December, 1891 Mrs. Lawrence and her husband confessed a judgment of revival of the last judgment, and in December, *2351896 the present writ of scire facias was issued to revive the last judgment entered in 1892. To this writ…
2Cases cited3 opinions
- Dowling v. McGregorSupreme Court of Pennsylvania · 1880
- Appeal of CampbellSupreme Court of Pennsylvania · 1888
- Monroe v. MonroeSupreme Court of Pennsylvania · 1880
3Cited by10 opinions
- Moll v. LaffertySupreme Court of Pennsylvania · 1930
- Cusano v. RubolinoSupreme Court of Pennsylvania · 1944
- First National Bank and Tr. Co. v. LaubachSupreme Court of Pennsylvania · 1939
- Curry v. MorrisonSuperior Court of Pennsylvania · 1909
- Miller Bros. v. KeenanSuperior Court of Pennsylvania · 1928
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