Cunningham v. McCready
Supreme Court of Pennsylvania
Appeal, No. 153, Oct. T., 1907, by defendant, from order of C. P. No. 1, Allegheny Co., June T., 1907, No. 691, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Michael J. Cunningham v. James M. McCready. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of ’the Supreme Court.
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Appeal, No. 153, Oct. T., 1907, by defendant, from order of C. P. No. 1, Allegheny Co., June T., 1907, No. 691, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Michael J. Cunningham v. James M. McCready. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of ’the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The mortgage on which this sci. fa. was issued was executed by the appellant on April 2, 1906, to secure to the ap*596pellee the payment of $8,000 at the expiration of three years from its date, with the privilege of paying the principal at any time during that period. The interest was payable semiannually, with the proviso that, in case default be made in its payment for the period of thirty days after it shall become due, “the whole of said principal, debt and interest then unpaid shall thereupon become due and payable, and a writ of scire facias may be issued…
2Cases cited2 opinions
- Greenfield' EstateSupreme Court of Pennsylvania · 1850
- Daly v. MaitlandSupreme Court of Pennsylvania · 1879
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- Shapiro v. MalarkeySupreme Court of Pennsylvania · 1923
- Waslee v. RossmanSupreme Court of Pennsylvania · 1911
- Hutchinson Machinery Co. v. Kazimer, Pennsylvania Court of Common Pleas, Luzerne County1927