Smead v. Stuart

Citations

• 194 Pa. 578
• 45 A. 343
• 1900 Pa. LEXIS 445

Syllabus

<p>Appeals — Execution — Supersedeas — Judgment upon scire facias sur mortgage — Act of May 19, 1897.</p> <p>A judgment upon seire facias sur mortgage is a “judgment directing the payment of money” within the meaning of the Act of May 19, 1897, sec. 6, P. L. 68, and an appeal from such a judgment will not act as a supersedeas, unless a bond is entered in double the amount of the judgment and costs.</p> <p>Appeals — Penally for improper appeal — Act of May 19,1897 — Mortgage.</p> <p>Where an affidavit of defense to a scire facias sur mortgage admits the mortgage and the date from which interest was due and unpaid, and claims only that the rate of interest is to be five per cent, and tenders judgment for the amount of the mortgage with interest at five per cent, and the court enters judgment for such amount, but reserves leave to the plaintiff to proceed to trial for the additional interest claimed, an appeal from the judgment is dilatory and vexatious, and the penalty provided by the Act of May 19, 1897, sec. 21. P. L. 72, will be enforced.</p>