Hopkins v. Stockdale
Case Details
- Judge(s)
- Clark, Gordon, Green, Paxson, Sterrett, Trunkey, Williams
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Pennsylvania
Related Laws
Outcome
The Commonwealth Court affirmed the Workmen's Compensation Appeal Board's reversal of the referee's reduction of benefits from total to partial disability, holding the employer failed to prove suitable work was actually available to the disabled claimant.
Excerpt
ERROR TO THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 105 October Term 1887, Sup. Ct.; court below, No. 175 February Term 1887, C. P. The proceeding was a scire facias to revive et quare executionem non, by Wm. Smith & Son, for use of James H. Hopkins, against John M. Stockdale, upon a judgment to No. 228 February Term 1886. On January 12, 1886, to the number and term last referred to, a judgment was entered in favor of Wm. Smith & Son against John M. Stockdale, for $751, with interest from February 28, 1885, under the warrant of attorney contained in the following note:— Washington, Pa., February 27,1885. One day after date I promise to pay Wm. Smith & Son, seven hundred and fifty-one dollars, value received, and I authorize judgment to be entered against me for said sum with costs, with five per cent, attorney’s commissions. Waiving inquisition, exemption and stay of execution. John M. Stockdale. On March 29, 1886, Wm. Smith & Son assigned $374.19 of said judgment to James H. Hopkins, and on November 30, 1886, they assigned the remaining part of the judgment to Wm. E. Clarke. On December 18,1886, Mr. Hopkins caused to issue the scire facias in this proceeding. The writ recited the original entry of the judgment, its parties, date of entry and amount; the assignment to James H. Hopkins of the said $374.19; averred that execution remained to be done, and required the defendant “ to show if anything for himself he has or knows to say why the said plaintiff, the said James H. Hopkins, to the extent of his interest for his debt and damages aforesaid, should not have the above-stated judgment revived to continue the lien, and also why the said defendant should not have execution against him for the debt and damages aforesaid according,” etc. Mr. Hopkins having filed an affidavit of claim under the rules, setting forth that the defendant was indebted to him in the sum of $374.19 as of date March 29, 1886,
What This Ruling Means
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