Miller v. Duvall

Citations

• 123 Pa. 155
• 16 A. 431
• 1889 Pa. LEXIS 640

Syllabus

<p>1. When a judgment has been opened to let in a defence thereto, under exception, an appeal may he taken from the order, after the trial of tlie issue awarded, and at the same time a writ of error to the judgment upon the issue: English’s App., 119 Pa. 633.</p> <p>2. Upon the reversal, on the appeal taken, of the order opening the judgment, the trial of the issue has been made abortive, and on the writ of error taken with the appeal the judgment in favor of the defendant will be vacated.</p> <p>3. If the assignee of a judgment became the purchaser of it in good faith relying upon a certificate of no defence given by the defendant, there is an end of any defence by the latter upon the ground of usury or for any other reason.</p>