Moore v. Smith
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 127 to July Term 1874. This was a scire facias sur judgment issued May 29th 1864, by C. B. & E. Smith against David 0. Moore.
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Error to the District Court of Philadelphia: No. 127 to July Term 1874. This was a scire facias sur judgment issued May 29th 1864, by C. B. & E. Smith against David 0. Moore. An action of assumpsit had been commenced in the District Court of Philadelphia, by the same plaintiffs, against this defendant, to June Term 1857, and judgment recovered against the defendant for want of an affidavit of defence on the 7 th of September in the same year; the damages were assessed at $464.08. On that judgment this scire facias was issued. The defendant filed the following affidavit, of defence: “ That…
1Opinion of the CourtJustice Siiarswood
This was a scire facias which issued May 29th 1874, to revive a judgment entered September 5th 1857. More than sixteen years therefore had elapsed. A legal presumption of payment does not indeed arise short of twenty years, yet it has been often held that a less period with persuasive circumstances tending to support it may be submitted to the jury as ground for a presumption of fact. “ When less than twenty years has intervened,” says Chief Justice Gibson, “ no legal presumption arises, and the case not being within the rule is determined on all the circumstances; among which the actual…
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