Corfield v. Klein

Citations

• 173 Pa. 363
• 34 A. 435
• 1896 Pa. LEXIS 709

Syllabus

<p>Judgment — Issue to try validity of judgment — Oosts.</p> <p>An issue to try the validity of a judgment will not be granted at the instance of a subsequent judgment creditor where the petition for the issue merely avers that the judgment was fraudulent and collusive, but does not set forth any facts from which the inference of fraud can be drawn, and the only evidence in the case is that of the prior judgment creditor and the defendant, who both testify, when called as if for cross-examination, that the judgment was confessed for a loan.</p> <p>In such a ease it is proper to make absolute a rule on the petitioner for the issue to give security for the costs of an audit to distribute the fund in court.</p>