Berry v. Krone

This was a proceeding by scire facias to make the plaintiff in error party to a judgment against one Uriah Hutchings. The original action was assumpsit upon a promissory note for $275, dated October 25, 1878, payable to Henry Krone, now deceased, one year after date, and signed by Hutchings & Berry. The summons was returned served on Hutchings but no return was made as to Berry. Hutchings failed to appear; his default was entered, and the amount due on the note having been ascertained by computation, on a reference to the clerk judgment was duly entered. It is objected now, as it was below,…