Wood v. Codding

Citations

• 134 Pa. 91
• 19 A. 485
• 1890 Pa. LEXIS 670

Syllabus

<p>1. A writ- of scire facias to revive a judgment should follow the original in the amount, the date, and the names of the parties; and, if there is a failure or defect in any of these respects, it is fatal on a plea of nul tiel record.</p> <p>2. But where there is an irregularity in the names of the parties plaintiff, and such plea is not made,'the judgment entered must stand as effective, if the record show such an identity of the proceedings as that the last judgment is a revival of the former.</p> <p>3. An agreement made among themselves by the heirs of a decedent, on a partition of his real estate, that each shall pay an equal part of a judgment against the decedent, is inoperative upon the right of the judgment plaintiff to hold each liable for the whole.</p>