Stilwell v. Smith

Citations

• 219 Pa. 36
• 67 A. 910
• 1907 Pa. LEXIS 599

Syllabus

<p>Judgment — Foreign judgment — Suit on foreign judgment — Defense— Death of defendant — Judgment nunc pro tunc.</p> <p>A judgment entered against a defendant by a court of record of another state or territory after trial before the court without a jury, decision being reserved, and the entry of judgment being made nunc pro tunc as of the date of the trial, may be enforced against the estate of the defendant in this state, although the defendant himself died after the trial and before the actual entry of the judgment.</p> <p>The judgment of a competent court in another state being final and conclusive on the merits, no defense can be heard in an action upon it, which goes to the merits of the original controversy and no defense can be set up which might, with proper diligence, have been interposed in the original action.</p>