Legal Opinion

Schmidt v. Zeigler

Superior Court of Pennsylvania

Decided January 13, 1906No. Appeal, No. 39PublishedCited by 4 opinions

Appeal, No. 39, Oct. T., 1905, by defendant, from order of C. P. Schuylkill Co., March T., 1904, No. 292, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Max Schmidt v. Owen Zeigler. Scire facias to revive a judgment. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 39, Oct. T., 1905, by defendant, from order of C. P. Schuylkill Co., March T., 1904, No. 292, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Max Schmidt v. Owen Zeigler. Scire facias to revive a judgment. Rule for judgment for want of a sufficient affidavit of defense. Shay, J., filed the following opinion : The judgment sought to be revived in the above-stated case is No. 9, May Term, 1899, which was entered for $426.42. The preecipe for the sci. fa. is for $282.99, and the writ follows the preecipe. Counsel for plaintiff have filed a…

1Opinion of the Court

Per Curiam,

This is an appeal from a judgment entered for want of a sufficient affidavit of defense upon a scire facias to revive an earlier judgment. In the fourth and fifth assignments of error, however, the defendant complains of the action of the court relative to his application to open the original judgment. It is apparent that those assignments are not based on the record properly brought before us on this appeal. We therefore need not discuss them. We remark, however, that even if there were before us an appeal from the refusal of the court to open the judgment there would be no ground…

2Cited by4 opinions

  1. Vansciver v. ChurchillSuperior Court of Pennsylvania · 1908
  2. Warner v. Warner, Pennsylvania Court of Common Pleas, Schuylkill County1957
  3. Salberg v. Duffee, Pennsylvania Court of Common Pleas, Erie County1934
  4. Wilcox v. Dubree, Pennsylvania Court of Common Pleas, Centre County1926

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