Ernst's Estate
Citations
- 164 Pa. 87
- 30 A. 371
- 1894 Pa. LEXIS 1044
Syllabus
<p>Judgment—Assignments—Revival of judgment—Parties — Surplusage—Several owners—Notice•—Assessment of damages—Practice, 0■■ P.</p> <p>The assignees of different portions of a judgment can only recover or collect the judgment on the original plaintiff’s title and in his name.</p> <p>If the sci. fa. to revive recites the names of the legal plaintiff and defendant, the number and term of the judgment, its date and amount, the renewal is'valid, although the names of the use plaintiffs are recited in the writ. Such recital is mere surplusage.</p> <p>When portions of a judgment are assigned to different parties, any one of them has a right to use the name of the legal plaintiff to revive it, and when the writ is issued by one, it is for the benefit of all. Assignments appearing on the record are notice to subsequent judgment creditors.</p> <p>Where one of several assignees of portions of a judgment has issued a sci. fa. to revive, another of the assignees may assess his damages under the writ thus issued without issuing a separate writ.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming order striking default judgment where “it was clear from the face of the record that no [Rule 237.1] certification of notice was ever delivered to the prothonotary”
- finding irrelevant and inconsequential allegations of fact not on record addressing issue of whether parties in default had received notice prior to entry of default judgment, and not issue of prothonotary’s receipt of certification of notice.
- because inmates’ status as commonwealth parties went directly to the jurisdiction of this Court, we raised an issue sua sponte as to appellees’ standing to challenge the Attorney General's actions
Source: CourtListener parenthetical corpus (CC0).
Judges: Dean, Fell, Green, Mitghell, Sterrett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.