Finch ex rel. Finch v. White
Supreme Court of Pennsylvania
Appeal, No. 337, Jau. T., 1899, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1896, No. 45, on demurrer to statement. Assumpsit upon a foreign judgment. The record showed that the suit was upon a judgment confessed in the circuit court of the first judicial district of the state of Maryland. The record accompanying the statement contained merely the docket entries, showing the entry of the original judgment and two revivals thereof.
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Appeal, No. 337, Jau. T., 1899, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1896, No. 45, on demurrer to statement. Assumpsit upon a foreign judgment. The record showed that the suit was upon a judgment confessed in the circuit court of the first judicial district of the state of Maryland. The record accompanying the statement contained merely the docket entries, showing the entry of the original judgment and two revivals thereof. To the record was attached the following certificate: “ I hereby certify that the foregoing are true short copies of the original judgment rendered…
1Opinion of the Court
Per Curiam,
While we are all of opinion that the court below rightly held, on the authority of Campbell v. Railway Co., 137 Pa. 574, that plaintiff’s statement is defective and insufficient, in that it is not accompanied by a full copy of the record of the Maryland judgment on which this action is founded; we think that, in the circumstances, reasonable time should have been given the plaintiff, — before final judgment was entered against her, — in which to amend her statement by appending thereto a full and complete exemplification of the record of the judgment that is claimed to be the.basis…
2Cases cited1 opinion
- Campbell v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
3Cited by11 opinions
- Miners Savings Bank v. NaylorSupreme Court of Pennsylvania · 1941
- Thommen v. Aldine Trust Co.Supreme Court of Pennsylvania · 1930
- Am. Products Co. v. Refining Co.Supreme Court of Pennsylvania · 1923
- Cruz v. O'BoyleDistrict Court, M.D. Pennsylvania · 1912
- Philadelphia & Gulf Steamship Co. v. PechinSuperior Court of Pennsylvania · 1915
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