9 Pa. Super. 637 | Pa. Super. Ct. | 1899
Opinion by
On the 4th day of November, 1898, the defendant executed and delivered to the plaintiffs his judgment note with warrant of attorney due in one day after date. In the afternoon of the following day, November 5, the plaintiffs entered judgment upon this note and issued execution of which the defendant had notice on the 8th of November. The actual levy was made on the 10th of November. All the property levied upon, except two hogs, was claimed by the defendant’s, wife or by another person. On the 10th day of December, after he had confessed two judgments and authorized execution to issue against him —one in favor of his wife and the other in favor of another person as trustee — defendant filed a petition for a rule to show cause why the execution in plaintiffs’ case should not be set aside on the ground that it had been issued one day too soon. The court below having discharged this rule this appeal was taken.
. It must be conceded that the execution did issue one day too soon, but this is a mere irregularity which can be waived by the defendant, either by actual agreement or by acquiescence. In this case defendant made no objection for thirty days and even then only objected after he had confessed judgments and authorized executions against himself in favor of two other persons, one of whom had already claimed part of the goods already
Judgment affirmed.