Gibson v. Simmons
Gibson v. Simmons
Opinion of the Court
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
Order affirmed, and the appeal dismissed, at the costs of the appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.