Speers v. Richards

Citations

• 127 Pa. 63
• 17 A. 756
• 1889 Pa. LEXIS 1080

Syllabus

<p>(a) Pending a scire facias to revive a judgment, at issue under the plea of nul tiel record, the defendant, alleging insufficiency of the power under which the judgment had been confessed, and also payment, presented a petition for a rule to strike off the judgment and to open the same to let in a defence.</p> <p>1. The judgment having been entered thirteen years before the scire facias issued, and sixteen years before the petition was presented, and no reason assigned for the delay, it was not error to discharge the rule granted and to permit the defence of payment to be made upon the trial of the scire facias.</p>