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100 Pa. 275

Smith v. Pringle

Supreme Court of Pennsylvania

Decided April 24, 1882

Supreme Court of Pennsylvania · decided 1882-04-24

150. On May 18th 1877 one A. J. Pringle entered a judgment against Marcus Smith in the sum of $450 upon a confession of judgment contained in a lease of certain premises executed by Pringle to Smith. Smith subsequently obtained a rule to show cause why the judgment should not be opened and he let into a defence, which rule was afterwards made absolute.

Good law ✅— No negative treatment on recordhow we know

Decided 1882-04-24

How this case has been cited

Cited by 7 later decisions — most recently June 1961

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Chief Justice Sharswood

¶1delivered the opinion of the court, April 24th 1882.

¶2The judgment in this case was entered under the power contained in the lease by Pringle to Smith, for one year from April 1st 1875, at the rent of $450. The judgment was confessed for the full sum of $450, evidently to secure the payment of that rent. There is nothing to extend it as security beyond that amount. The renewal of the lease by the tenant continuing in possession, clearly would not do so. When, therefore, the rent for the term of the lease was paid, the judgment was paid. The implied renewal of the lease could not revive the judgment, once extinguished and dead. That the plaintiff might have recovered the rent accruing subsequently, was nothing to the purpose. The second and third points of the defendant ought to have been affirmed without qualification.

¶3Judgment reversed, and venire facias de novo.

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