Seymour v. Hubert
Supreme Court of Pennsylvania
Error to the Common Pleas, No. 1, of Philadelphia county: Of July Term 1875, No. 139. This was a scire facias to revive judgment et quare executionem non issued by Alice Hubert against Sarah Lewis'and the executors of Sarah Tingle, deceased. The judgment was entered December 17th 1873, on a judgment-note given by Sarah Lewis and Sarah Tingle to Alice Hubert.
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Error to the Common Pleas, No. 1, of Philadelphia county: Of July Term 1875, No. 139. This was a scire facias to revive judgment et quare executionem non issued by Alice Hubert against Sarah Lewis'and the executors of Sarah Tingle, deceased. The judgment was entered December 17th 1873, on a judgment-note given by Sarah Lewis and Sarah Tingle to Alice Hubert. Sarah Tingle died in 1874, and the scire facias in this case issued January 22d 1875, returnable on the first Monday of February 1875. On the 6th of February 1875 the court granted a rule to set the scire facias aside and open the…
1Opinion of the CourtJustice Woodward
For a variety of reasons this judgment cannot be sustained. On the 6th of February 1875, a rule was granted to set the scire facias aside and open the original judgment. This rule was pending and undetermined when judgment for want of an affidavit of defence was entered. But apart from this irregularity it is difficult to discover essential defect in the affidavit made by Joshua P. B. Eddy, one of the defendants. He swore that he had been informed, and believed, that there was nothing due on the judgment, but that the whole amount of it had been paid by illegal and usurious interest *348to the…
2Cases cited1 opinion
3Cited by6 opinions
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- Mutual Life Insurance ex rel. Scott v. TenanSupreme Court of Pennsylvania · 1898
- Helffrich v. GreenbergSupreme Court of Pennsylvania · 1903
- Myers v. Rabinovitz, Exrx.Supreme Court of Pennsylvania · 1937
- Brookville Title & Trust Co. v. Beaver Trust Co.Supreme Court of Pennsylvania · 1917
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