Gibson v. Simmons
This text of 19 A. 486 (Gibson v. Simmons) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This was an appeal from the order of the court below opening the judgment and staying the execution. The judgment was entered upon a scire facias to revive. It is almost unnecessary to say that no appeal lies in such case. The opening of such a judgment rests in the sound discretion of the court below. The act of 1877, allowing appeals from the order of the Common Pleas opening a judgment, applies only to judgments entered by virtue of a warrant of attorney or upon a judgment note. In Jenkintown N. Bank’s App., 124 Pa. 837, the execution was not set aside; it was merely stayed. The [191]*191authorities cited in regard to the setting aside of an execution do not apply.
Order affirmed, and the appeal dismissed, at the costs of the appellant.
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Cite This Page — Counsel Stack
19 A. 486, 134 Pa. 189, 1890 Pa. LEXIS 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-simmons-pa-1890.