Weber v. Detwiller

Citations

• 5 Sadler 555

Syllabus

<p>Where the record of a former judgment shows that the justice before whom the judgment was obtained had jurisdiction of the subject-matter and of the parties, the question of the liability of one of the defendants, a married woman, for the debt upon which the judgment was entered, cannot be retried on a scire facias to revive the judgment.</p> <p>Note. — Ordinarily no defense can be made to a sci. fa. to revive a judgment on the merits of the claim. Kincade v. Cunningham, 118 Pa. 501, 12 Atl. 410; Trader v. Newcomer, 182 Pa. 233, 37 Atl. 812; Sayers v. Bayard, 8 Pa. Super. Ct. 174. But payment may be shown (Smith v. Coray, 196 Pa. 602, 46 Atl. 855), or set-off of a claim of the same grade (Filbert v. Hawk, 8 Watts, ’443; Perkins v. Coray, 196 Pa. 608, 46 Atl. 1103).</p>