D'Orazio v. Masciantonio

Opinion by

Me. Justice Maxey,

This action was instituted by a scire facias sur mortgage. The jury rendered a verdict for the defendant (as it did also in a former trial of the same action). Plaintiff made a motion for judgment n. o. v. which was granted. The court also entered a decree that “no execution issue on the judgment until the expiration of six months from the date of the decree.” This appeal followed.

The mortgage on which the writ issued was given by Antonio Masciantonio and his wife, Giuditta, to two mortgagees bearing respectively the same names as the mortgagors. The mortgage was…