Adams v. James L. Leeds Co.

Citations

• 189 Pa. 544
• 42 A. 195
• 1899 Pa. LEXIS 685

Syllabus

<p>Judgment— Opening judgment—Striking off-judgment—Lien.</p> <p>The opening of a judgment which is alien on real estate does not destroy or impair the lien, nor does it necessarily affect the lien of a levy made upon personalty under an execution issued on the judgment. The liens in either case may and should be continued pending the determination of the issues relating to the validity of the judgment and to the nature and amount of the indebtedness represented by it. But when a judgment is stricken off, and an execution issued upon it is set aside, the lien of the judgment and the lien of the levy are without support.</p> <p>Judgment—Partnership—Confession of judgment— Opening judgment— Selling aside execution.</p> <p>A partner signed a judgment note with the firm name and his own name for a debt contracted by him before he entered the partnership. The judgment was entered up and execution issued. The other partner took a rule to open the judgment, averring that the firm had never assumed the debt for which the judgment was confessed, and that his partner, under the partnership articles, had no right to confess judgment for the firm. The evidence on these two subjects was conflicting. The court opened the judgment and set aside the execution. Meld, that the court committed no error in opening the judgment, but it should not have deprived the plaintiff of his security by setting aside the execution, and the attachments.</p>