Conlyn v. Parker ex rel. Watts
Supreme Court of Pennsylvania
Error to Court of Common Pleas, of Cumberland county : Of January Term, 1886, No. 420. This was an action on a scire facias brought by John B. Parker, for the use of Frederick Watts in trust for Sarah II. Parker against Thomas Conlyn and Margaret Barber to revive and continue the lieu of judgment No. 174, January Term 1874. Pleas, payment with leave and as to Margaret Barber the additional plea of coverture.
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Error to Court of Common Pleas, of Cumberland county : Of January Term, 1886, No. 420. This was an action on a scire facias brought by John B. Parker, for the use of Frederick Watts in trust for Sarah II. Parker against Thomas Conlyn and Margaret Barber to revive and continue the lieu of judgment No. 174, January Term 1874. Pleas, payment with leave and as to Margaret Barber the additional plea of coverture. She also filed the following affidavit of defence: Margaret Barber, one of the defendants above named, being duly sworn says, that the lien of judgment No. 174, January Term 1874, should…
1Opinion of the Court
The opinion of the court was delivered
2Per curiam
This was a scire facias to revive a judgment, regular on its face, recovered against the plaintiffs in error on a scire facias issued to January Term, 1874. That scire facias issued on a judgment against the same parties to January term 1869. There was nothing on the record either of the original or of the revived judgment to show the coverture of either defendant therein.
The plea of coverture to the present scire facias was wholly inappropriate and insufficient to prevent the entry of judgment, and there was no -error in striking it off. It is no denial…
3Cited by2 opinions
- Lauer ex rel. Woltjen v. KetnerSupreme Court of Pennsylvania · 1894
- Shupp v. HoffmanCourt of Appeals of Maryland · 1890