W. H. Keech Co. v. O'Herron

Citations

• 41 Pa. Super. 108
• 1909 Pa. Super. LEXIS 19

Syllabus

<p>Judgment — Confession of judgment — Amount of damages — Assessment of damages.</p> <p>1. Where a judgment under a warrant of attorney contained in a bond, is entered, not for the amount of the penalty, but for the amount of the real debt, such entry of judgment is irregular, inasmuch as it should have been entered in the amount of the penalty of the bond to be released upon the payment of the amount actually due; but if the record shows on its face the amount of the penalty, and the amount owing is not denied, and there is no other defense, the court will permit the record to be amended so as to conform to the proper practice.</p> <p>2. Where a judgment is entered under a warrant of attorney contained in a bond in which a specified amount of money is stated as a penalty, the plaintiff may issue execution without a scire facias on the judgment, or a motion to the court for leave.</p>