Hopkins v. Stockdale
Citations
- 117 Pa. 365
- 11 A. 368
- 1887 Pa. LEXIS 270
Syllabus
<p>1. A judgment for an entire sum payable at one time cannot be divided by an assignment of part thereof, so as to entitle the assignee to separate process to revive or to enforce payment of the part assigned.</p> <p>2. Peterson v. Lothrop, 34 Pa. 223, distinguished; Dietrich’s App., 107 Pa. 174, approved.</p> <p>3. To a scire facias to revive a judgment, a set-off by an open and unsettled account or by a claim for unliquidated damages arising from the breach of an entirely independent contract, is inadmissible as a defence.</p>
Judges: Clark, Gordon, Green, Paxson, Sterrett, Trunkey, Williams
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