National Furniture Co. v. McClintock

Citations

• 162 Pa. 141
• 29 A. 348
• 1894 Pa. LEXIS 956

Syllabus

<p>Practice — Setting aside execution — Bight of hearing.</p> <p>An execution, issued on a regular judgment of record, cannot be set aside on the mere oath of the defendant, with no reasonable opportunity to the plaintiff to be heard.</p> <p>Defendant gave to plaintiff’s agent a judgment note payable in one day, which the agent entered up, and issued execution thereon. Subsequently defendant’s counsel, without notice to plaintiff’s counsel, presented a petition to the court, setting forth that, at the time the judgment note was given, two promissory notes for the same debt, payable several months thereafter, had been given, under an agreement that the judgment note should not be used unless there was default in the payment of the promissory notes. The court granted a rule to set aside the execution returnable two days afterwards. At the hearing plaintiff’s counsel stated that his clients lived in another state, and that he had not been able to communicate with them between the time of granting the rule and the time of the hearing. The court however made the rule absolute. Held, to be error.</p>