Blymyer v. Colvin
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BEDFORD COUNTY. No. 397 January Term 1889, Sup. Ct.; court below, No. 403 September Term 1887, C. P. On August 24, 1887, a scire facias sur mortgage was issued at the suit of William Colvin, assignee of John H. Brice, against John F. Blymyer. Tbe plea was payment. At the trial on February 18,1888, before Baer, P. J., there was a verdict for tbe defendant and judgment thereon, followed by a writ of error to No. 30 July Term 1888, Sup.
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ERROR TO THE COURT OE COMMON PLEAS OE BEDFORD COUNTY. No. 397 January Term 1889, Sup. Ct.; court below, No. 403 September Term 1887, C. P. On August 24, 1887, a scire facias sur mortgage was issued at the suit of William Colvin, assignee of John H. Brice, against John F. Blymyer. Tbe plea was payment. At the trial on February 18,1888, before Baer, P. J., there was a verdict for tbe defendant and judgment thereon, followed by a writ of error to No. 30 July Term 1888, Sup. Ct., wherein the judgment was reversed, and a venire facias de novo awarded: Colvin v. Blymyer, 121 Pa. 582. At the second…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
When this case was here before, 121 Pa. 582, the paper book of the defendant in error* erroneously stated that the judgment on the original $5,000 bond had been entered December 24,1879, and the judgment of this court was founded upon the assumption that this was the correct date of its entry. The correction of this error places the $100 paid December 23, 1879, upon the same footing as the succeeding payments of $100 each, made January 30 and March 1, 1880, respectively.
All of these three payments were made after judgment had been confessed on the original bond; and,…
2Cases cited1 opinion
- Colvin v. BlymyerSupreme Court of Pennsylvania · 1888
3Cited by2 opinions
- Westman v. DyeCalifornia Supreme Court · 1931
- Anderson v. BeadleNew Mexico Supreme Court · 1931