Kittanning Insurance v. Scott
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county: Of July Term 1882, No. 223. On March 24th 1877, judgment was entered in the Court of Common Pleas of Armstrong county, in favor of the Kittanning Insurance Company against J. W. McFarland and John W. Scott, upon a judgment note for $1,050, wherein McFarland was maker and Scott was surety.
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Error to the Court of Common Pleas of Butler county: Of July Term 1882, No. 223. On March 24th 1877, judgment was entered in the Court of Common Pleas of Armstrong county, in favor of the Kittanning Insurance Company against J. W. McFarland and John W. Scott, upon a judgment note for $1,050, wherein McFarland was maker and Scott was surety. A fi. fa. was issued and returned nulla bona; a testatum fi. fa: was issued, March 24th 1877, to the sheriff of Butler comity, and the real estate of John Scott in that county was levied upon April 9th 1877. This writ was stayed by order of court, May 7th…
1Opinion of the CourtJustice Sterrett
One of the incidents of every judgment is a lien, for five years from the date of its entry, on all the real estate then owned by the defendant and situated within the proper county; and, that incident is neither destroyed nor affected by an order opening the judgment for the purpose of letting the defendant into a defence: Steinbridge’s Appeal, 1 P. & W. 481; Cope’s Appeal, 15 Norris 294. In such cases a special order is sometimes made, ex majóte cautela, that the judgment shall stand as security, but that is wholly unnecessary. Without any such order, it continues to be a judgment, with all…
2Cited by6 opinions
- Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
- Jay Vending, Inc.Superior Court of Pennsylvania · 1975
- Braum v. RohrbachSupreme Court of Pennsylvania · 1929
- In re DuboskyDistrict Court, E.D. Pennsylvania · 1918
- Heller v. Goldsmith, Pennsylvania Court of Common Pleas, Dauphin County1930
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