Supreme Court of Pennsylvania, 1900

Dauberman v. Hain

Supreme Court of Pennsylvania · Decided May 29, 1900 · Brown, Cueiam, Dean, Fell, Mestrezat, Mitchell

196 Pa. 435; 46 A. 442; 1900 Pa. LEXIS 535

Cases that cite this one

4 later published cases cite this decision.

Smith v. Gallagher (Pa. 1962)
Miners Sav. Bank of Pittston, Pa. v. United States (District Court, E.D. Pennsylvania 1953)
Boulton v. Starck (Pa. 1951)
Moeller v. Washington County (Pa. 1945)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Cueiam,

The judgment under which defendant derives title was regu*438lar in form and obtained in due course of procedure. There is no charge of collusion nor of fraud except as fraud may be inferentially set up in the allegation that the mortgage had been paid before the issue of the scire facias. But such payment was not admitted by the plaintiff in the scire facias. That was the issue in the case, the proceeding was adverse and the time to contest it was before judgment. It may have been unfortunate for appellant that circumstances prevented her from making such defense as she had at the proper time, but that was not the fault of the other party, and there is no ground on which the judgment can now be attacked.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.