Foster v. Carson

Citations

• 147 Pa. 157
• 23 A. 342
• 1892 Pa. LEXIS 799

Syllabus

<p>Judgment — Opening of — Scire facias sur mortgage.</p> <p>The Supreme Court will not review an order of the common pleas opening a judgment entered in default of an affidavit of defence, where the defendant avers in her petition that she was prevented by illness from appearing; that she never received notice of the assignment of the mortgage to the plaintiff, that she had paid nearly the whole of the amount of the mortgage to the plaintiff’s assignor, and that only a small balance remained for which she tendered judgment.</p>