Schmidt v. Zeigler
Superior Court of Pennsylvania
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…