2 Pennyp. 295
Decided March 20, 1882
Supreme Court of Pennsylvania · decided 1882-03-20
Scire facias sur mortgage by Henry C. Wolfe against Rebecca Newhart and her husband Tilghman Newhart. An appearance was entered by an attorney of the Court. The service of the sci.fa. was accepted and judgment was entered September 1st, 1879, for want of an affidavit of defence, in the sum of $21-48.41. Tilghman Newhart died September 11th, 1880. An alias levari facias was issued March 28th, 1881.
Decided 1882-03-20
¶1There is no assignment of error to the judgment, nor could there have been. There was an appearance by an attorney of the Court, and his authority was to be determined as a matter of fact by the Court. The action of the Court in refusing to stay the writ of levari facias is not reviewable here.
¶2Writ of error quashed.