Lauer ex rel. Woltjen v. Ketner
Supreme Court of Pennsylvania
Appeal, No. 46, Jan. T., 1894, by plaintiff, Frederick Lauer, assignee of George Lauer, to use, etc., from order of C. P. Schuylkill Co., May T., 1888, No. 248, entering judgment against M. M. Ketner, alone, on verdict against M. M. Ketner and Ann M. Ketner, his wife. Sci. fa. to revive judgment. The record showed that the original judgment was entered by confession against “ Michael M. Ketner and Ann Ketner.”
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Appeal, No. 46, Jan. T., 1894, by plaintiff, Frederick Lauer, assignee of George Lauer, to use, etc., from order of C. P. Schuylkill Co., May T., 1888, No. 248, entering judgment against M. M. Ketner, alone, on verdict against M. M. Ketner and Ann M. Ketner, his wife. Sci. fa. to revive judgment. The record showed that the original judgment was entered by confession against “ Michael M. Ketner and Ann Ketner.” This judgment was amicably revived as “ Frederick Lauer, assignee of George Lauer, now to use of Charles H. Woltjen against M. M. Ketner and Ann M. Ketner.” This latter judgment was…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
On a scire facias to revive, no defence can be made except one that has arisen since the judgment. In the present case the original judgment was entered in 1873, and it was revived in 1878, without any indication up to that time that the parties defendant were husband and wife. When therefore it was again revived in 1883 against M. M. Ketner, and Ann Ketner his wife, the presumption was that the coverture had taken place since the previous revival, and that the judgment in that form was regular and authorized. There was nothing on the record to rebut that…
2Cases cited3 opinions
- Cheraw & Salisbury R. R. v. BroadnaxSupreme Court of Pennsylvania · 1885
- Seymour v. HubertSupreme Court of Pennsylvania · 1880
- Conlyn v. Parker ex rel. WattsSupreme Court of Pennsylvania · 1886
3Cited by12 opinions
- Cusano v. RubolinoSupreme Court of Pennsylvania · 1944
- O'Connor v. FlickSupreme Court of Pennsylvania · 1922
- Taylor v. TudorSuperior Court of Pennsylvania · 1924
- Miller Bros. v. Jas. KeenanSuperior Court of Pennsylvania · 1927
- Philadelphia v. PeytonSuperior Court of Pennsylvania · 1904
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