Palmenberg v. Turk

Stockbridge, J., delivered the opinion of the Court. The appellants, plaintiffs below, recovered a judgment against the defendant in November, 1893, and in October, 1905, caused a writ of scire facias to be issued upon it. After two returns of nihil, a judgment of fiat was entered in course in January, 1906. In December, 1909, a motion was bled to stinke out the judgment of fiat, upon the grounds of surprise, lack of notice of the scire facias proceedings and the discharge of the defendant in April, 1900, under proceedings in the Bankrupt Court-.

This motion was granted and the judgment of fiat stricken oiit on December 12, 1910. Upon the following day this order was filed: “Mr. Clerk; enter an appeal in this case.” A motion has been made to dismiss the appeal upon two grounds; that it was not taken in the mode required by the rules of this Court, and because the record fails to- show what points or questions were decided by the Court below. The record filed here consists only of the docket entries, the petition to strike out the judgment, the order of Court on the petition, and the order for appeal already quoted. The rules of this Court point out two methods by which appeals may be taken in cases at law; one by formal exception, the other by a “petition addressed to the Court in which the case was tried, plainly designating