Windsor v. Tillottson

Citations

• 135 Pa. 208
• 19 A. 817
• 1890 Pa. LEXIS 1172

Syllabus

<p>(a) A judgment entered by confession was opened, proceedings on a fieri facias to stay in the meantime, and an issue awarded, which was afterwards tried and a verdict rendered for the plaintiff. Pending a motion and rule granted for a new trial of the issue, the plaintiff issued a venditioni exponas:</p> <p>1. The pendency of the rule to show cause why a new trial of the issue should not be granted left the judgment open; the issuance of the writ of venditioni exponas was therefore improvident, and it was not error to set it aside though the rule for a new trial had previously been discharged.</p>