94 Pa. Super. 79 | Pa. Super. Ct. | 1928
Argued April 19, 1928.
At No. 173, May Term, 1914, there was entered in *81
the Prothonotary's Office of Westmoreland County by Miller Brothers, plaintiffs, a judgment by confession against defendants for the sum of $643. At No. 643, May Term, 1919, a scire facias sur judgment, entered at No. 173, May Term, 1914, was issued, and upon an acceptance of service purporting to have been signed by defendants on August 4, 1919, judgment was entered on September 24, 1919, against defendants for $913.47. On September 23, 1924, at No. 428, November Term, 1924, a scire facias sur judgment, entered at No. 643, May Term, 1919, was issued and the sheriff returned that on September 25, 1924, he served both defendants personally by handing each of them a true and attested copy of the writ and made known to each of them the contents thereof. On July 13, 1926, defendants filed an affidavit of defense denying the validity of the judgment upon which the last scire facias was issued for the reason that neither of them had any knowledge or notice of the issuing of the previous scire facias, and averring that neither of them, at any time, accepted service of said scire facias nor authorized anyone, at any time, to accept such service, nor authorized the prothonotary to enter judgment against them; that they never signed any note or paper of any kind authorizing anyone to enter judgment against them; that it was not until September 25, 1924, that they had any knowledge of the original note or judgment or any revival of the same. Plaintiffs took a rule for judgment for want of a sufficient affidavit of defense and the court made the rule absolute. On appeal by defendants to this court we affirmed the judgment (Miller Bros. v. Keenan, et al,
The contention of counsel for appellant is that the order of the court below was error, because a court cannot at a subsequent term set aside a judgment entered adversely, citing King v. Brooks,
The order is affirmed.
PORTER, P.J., dissents.