Steltzer ex rel. Pinks v. Steltzer

Citations

• 10 Pa. Super. 310
• 1899 Pa. Super. LEXIS 278

Syllabus

<p>Judgment — Legal presumption and presumption of fact as to payment.</p> <p>A legal presumption does not rise against a judgment short oí twenty years, but a less period with persuasive circumstances tending to support a presumption of payment is sufficient to warrant submitting the question to the jury as a presumption of fact.</p> <p>Praetice, O. P. — Judgment—Sufficiency of affidavit alleging payment.</p> <p>There is no error in refusing judgment for want of a sufficient affidavit of defense where, on a sci. fa. to revive after nineteen years, the allegations of full settlement between the parties were of facts sufficiently strong in support of the presumption of payment to take the case to the jury.</p>