Breden v. Gilliland
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1870, No. 199. This was an action of debt, commenced August 2d 1860, by. Maria Bredin against Robert Gilliland and Joseph Morrison, executors, &c., of Josiah Hutchman, deceased, in which Gilliland alone was served.
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Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1870, No. 199. This was an action of debt, commenced August 2d 1860, by. Maria Bredin against Robert Gilliland and Joseph Morrison, executors, &c., of Josiah Hutchman, deceased, in which Gilliland alone was served. On the- 7th of June 1861, the court, on motion of the plaintiff, entered judgment against the defendant for default of appearance and directed the prothonotary to liquidate the judgment, which was done June 22d against Gilliland at $210.65. On the 10th of June 1865, Gilliland moved to open the…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
In the nature of the case there is not and ought not to be any limitation of time to the power of a court to open a judgment entered by default for want of appearance. The lien of the judgment on real estate is not thereby disturbed, and even if there should be an outstanding fieri facias, and a levy under it on personalty, it is always in the power of the court to impose such terms as will preserve the lien of the execution or substitute sufficient security in the place of it. Thus no injury is done to the plaintiff beyond the delay. On…
2Cases cited1 opinion
- Downer v. DownerSupreme Court of Pennsylvania · 1839
3Cited by32 opinions
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- Smith v. DaleSupreme Court of Pennsylvania · 1961
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- Giles v. RyanSupreme Court of Pennsylvania · 1934
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