Hottenstein v. Haverly

Citations

• 185 Pa. 305
• 39 A. 946
• 1898 Pa. LEXIS 709

Syllabus

<p>Judgment— Opening judgment — Satisfying judgment — Practice.</p> <p>On a rule to satisfy a judgment the court may, without discharging the rule, make an order that the judgment he opened and the defendant be allowed to come in and defend. The better practice, however, in such a case would be to discharge the first rule and grant a rule to open.</p> <p>On an issue to determine what, if anything, is due upon a judgment, defendant offered evidence tending to show that at a time when there was an execution out for the sale of his real estate on a venditioni exponas, he presented a petition to the court and obtained a stay of the writ; that during the pendency of the stay an arrangement was made with the plaintiff by which the stay was to be discharged, in consideration of which the plaintiff was to accept the farm upon which the levy had been made; that the farm was to be sold, and that plaintiff was to accept in full consideration of the judgment the amount that he would realize from the sale of the farm, and that this arrangement had been fully eai-ried out by defendant. Held, that the evidence was sufficient to carry the case to the jury, and that a verdict for defendant should be sustained.</p>