Commonwealth Brewing Co. v. White

Citations

• 273 Pa. 578
• 117 A. 344
• 1922 Pa. LEXIS 621

Syllabus

<p>Judgment — Opening judgment — Lacle of consideration — Lien of execution — Release—Security.</p> <p>1. A judgment entered on a note is properly opened where the court finds that the depositions leave it a matter of great uncertainty as to whether or not there was any consideration for the note on which the judgment was entered.</p> <p>2. Where a fieri facias issued before the judgment was opened, and the court makes absolute a rule to show cause why the lien of the execution should not be released, saying that defendant has leave to enter security in an amount stated to secure judgment, interest and costs, the appellate court will construe such order as meaning that the lien is released on the entry of such security, and not before.</p>