Umberger v. Zearing
Supreme Court of Pennsylvania
-In Error. ON a writ of error to the Court of Common Pleas of Dauphin county, it appeared that the defendant in error, the plaintiff below, brought an action against the plaintiff in error, in which he obtained judgment. No execution having been taken out within a year and a day, the plaintiff issued a scire facias to revive thé judgment. The defendant pleaded payment with leave, &c.
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-In Error. ON a writ of error to the Court of Common Pleas of Dauphin county, it appeared that the defendant in error, the plaintiff below, brought an action against the plaintiff in error, in which he obtained judgment. No execution having been taken out within a year and a day, the plaintiff issued a scire facias to revive thé judgment. The defendant pleaded payment with leave, &c. On the same day, but before the plea was entered, the plaintiff had moved for judgment, agreeably to a rule of the Court of Common Pleas, by which it is ordered, “That in all actions of debt or contract fo>the…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the Court..Christian Zearing, the plaintiff below, obtained a judgment against the plaintiff in error, John Umberger, executor of Leonard Umberger, deceased. The judgment having remained without execution for more than a year and a day, the plaintiff issued a scire facias, to which the defendant appeared, and the plaintiff afterwards entered judgment against him by default, because no. affidavit, that there was a just defence, according to the best of the defendant’s knowlédge and belief, yvas entered, agreeably to the rules of the Court of Common Pleas.…
2Cases cited1 opinion
- Read v. BushSupreme Court of Pennsylvania · 1813