text:
You are currently browsing the tag archive for the 'sue' tag.
Commencing the 14,567th "This Month's Genshiken Was Great" Discussion.
Chapter Summary
It's time for Kuchiki's graduation, and the members of Genshiken have gathered to celebrate . They haven't really put much effort into wishing Kuchiki well, but their half-hearted gifts (flowers and a signboard with messages from everyone) move him to tears. Kuchiki, meanwhile, reminisces about his time in Genshiken, and how one of his greatest memories is seeing the Madarame Harem crumble in person, only to find out the news that Madarame and Sue are dating, which ruins his schadenfreude.
With graduation comes time for a new president, and Ogiue chooses Yajima. In spite of her misgivings, Yajima is eventually convinced to do it, especially thanks to support from Hato. The chapter transitions to a new spring, and Hato visits the club room, eager to spend time with his friends.
And So It Goes…
If anything stands out in this chapter, it's the artwork. While I've felt the quality of Kio's drawings have been fantastic these past few chapters, I can really feel that this finale wasn't rushed at least in terms of the TLC put into it. Ogiue is beautiful. Hato is beautiful. Everyone is beautiful
The conclusion to Nidaime pretty much came about Chapter 126, so this one feels much more like an epilogue. In many ways, it mirrors the original ending of Genshiken: a graduation, a transition in power in the club, some delightful nerd moments, and then a positive look into the future for the club. In fact, both series all but conclude after the establishment of a romantic relationship, with a lot of "falling action" following.
The big difference in feeling is that one involves the graduation of Sasahara and Kasukabe, two very vital characters central to the Genshiken narrative, while the other involves… Kuchiki. While he's been with the club for a very long time, even the characters themselves treat him as an afterthought. They'll treat him with just as much respect as they think he deserves. As Kuchiki points out, they didn't even bother dressing up for his graduation (and if you recall, their graduation trip was more of a "Kuchiki is going away" celebration excursion).
Kuchiki is Human Too
The big exception here is Hato, who in general tries to look good when he crossdresses, but I wonder if he has a soft spot for Kuchiki. It wouldn't be anything remotely resembling romance, and might lean more towards pity than anything else, but he seems to treat Kuchiki with noticeably more restraint and tact than the others. This might just be in virtue of the fact that he's also a guy, so even if Kuchiki pictures Hato as part of his potential "harem," it doesn't faze him as much. Kuchiki also inadvertently instigated a number of Madarame/Hato moments.
It might also be that Hato can kick his ass.
In a way, it feels weird that the series would end on Kuchiki's big day. I think that many readers of the series wouldn't even mind if he fell off a cliff. At the same time, he hardly ever got any real attention, and had nary a sense of character growth. Now, at the finish line, we see a rare moment of Kuchiki being genuinely happy. I'd like to think that, somewhere deep down, he realizes what a terrible person he can be, and the fact that the other members put up with him is something he can appreciate. Granted, that's only one heartfelt moment in an otherwise incredibly awkward display of how not to behave as a human being. It doesn't help him that he loudly declares in the middle of campus that he spent the prior day masturbating furiously to his favorite doujinshi.
I do find it kind of interesting that, when Kuchiki mentions that his desire is to create his own harem, he doesn't exactly include Yajima and Yoshitake in it. It makes me wonder if there's something to the two of them that puts him off.
Passing of the Torch
With graduation comes a new president, and this transition always provides plenty of delightful reflection and insight in terms of the characters. Seeing prior presidents fidget and their newly chosen successors doubt themselves is the kind of tradition I can support. After all, it once provided one of the best moments in Genshiken: Sasahara and Ogiue's racy near-kiss. No such thing happens this time, but there's still plenty to chew on.
In the past, new presidents were chosen because they either seemed likely to carry on the spirit of the club or because the alternative (Kuchiki) would have been far worse. Ogiue picking Yajima makes sense in this regard, because she always appears to be the most stable and grounded member out of all the new generation. What's more, Yajima's careful personality and the way she doubts herself often is indeed quite Genshiken-like, and the way that she feels caught in the transition between generations of otaku makes her able to understand a range of potential newbies. I also do love the fact that Yoshitake agrees that she would probably abuse any power given to her, and the role of advisor/confidant is about as perfect as it gets for a lover of history.
I also only just realized after reading this final chapter that Ogiue likely abolished the doujinshi honeypot trap tradition, where current members spy on new recruits from outside and then bust in on them while they're in the middle of revealing their tastes. Being a victim of it herself and also not being a fan of embarrassment, I could see why the secrets behind this would not be passed on to the next generation, especially one with Yoshitake in it.
Speaking of movements between generations, it's notable that Madarame does not show up in spite of his prominence in Nidaime. Granted, none of the former members show up at all, so I imagine that the goal was to focus on the current iteration of Genshiken for the final chapter.
Thanks from other Manga Artists
Accompanying this final chapter in Monthly Afternoon are a series of congratulatory images from 30 other Afternoon manga artists, including Yoshikazu Yasuhiko (Gundam: The Origin), Samura Hiroaki (Blade of the Immortal), and Suenobu Keiko (Limit). Fun for all, and I really hope it's included with the packaged volume release. Samura clearly drew Madarame with the wife from Spotted Flower, so I think we know where his ship sails.
Final Thoughts (This is actually as long as a regular Chapter Review!)
I discovered Genshiken many years ago, back in my college days. I can't quite remember if I discovered the manga or the anime first anymore, but I remembered how real it all felt: these characters reflected to a scary degree the thoughts, behaviors, and mannerisms of me and my fellow nerds. It was an enjoyable series to be sure, but then a study abroad semester to Japan would elevate the series to the apex of my love for anime and manga, for it was there that I discovered Ogiue. With her came a number of realizations, such as my extreme(ly strange) fondness for "dead eyes" characters, but also an overwhelmingly powerful emotional connection with her fear that her passion would hurt others. By the time I came back to the United States, Genshiken was actually gearing up for its first ending, but it and Ogiue would remain with me.
Ogiue Maniax originally began well after the Genshiken manga had ended. At the time, I felt I had so much more to say about Genshiken and Ogiue, so I kept writing about it. I followed the second TV series. I gave testimony as to how I became such a fan of the series. I started the Fujoshi Files. Gradually, this site became much more than a Genshiken blog, though it wasn't quite ever entirely one in the first place. I was content with the overall direction of Ogiue Maniax, and my own fandom.
Then Chapter 56 happened.
One of my long held desires was to see how Genshiken would be like under the leadership of President Ogiue, and this one-shot (at the time, no one knew it would become the precursor to a new series) provided just that. Two things stick out in my memory about Chapter 56. First would be the art style. Back then, Kio had been coming off of doing Jigopuri: The Princess of the Hell, and it showed in how much softer and cuter the character designs were. Second would be the mostly female cast. If you look at the original end of the first Genshiken, it clearly shows a very different kind of club with male members, a natural extension of what Genshiken was like back then. This was a retcon of sorts, but it set the stage for a more thorough exploration of the changing landscape of otakudom. Where once the female fan was seen as this rare gem in terms of characters, Chapter 56 went above and beyond to show that things were different, and the presence of female characters as otaku and fujoshi would not only be normalized but dominant.
When the announcement that Genshiken would be getting a full-on sequel hit, I was ecstatic. It provided me with a feeling of renewal, but also an opportunity. Chapter reviewing Genshiken on Ogiue Maniax hadn't been possible, and I thought it wouldn't ever be. But now, if ever there was a series for me to analyze every month, it had to be this one.
At the time, I could look back and go, "Wow, it's been seven years since I discovered Genshiken, isn't that wild?" Seven has now become 12. I began as a college student who saw himself in Genshiken, and now I'm in a dramatically different place, with a well-respected (if obscure) anime blog, a degree from studying manga that required me to move to another continent, and many good friends whom I met not only through my love of anime and manga, but also because the fact that Ogiue confronted and conquered her own fears encouraged me to do the same. Both I and the world around me have changed, and the fact that Genshiken has also shifted to reflect this made it a constant source of fascination for me.
It was truly unusual for this series to spend so much time exploring the Madarame harem, but I think that it became the focus inadvertently because it overlapped so much with Hato's own development. You had these two tracks of characterization, one from the old guard and one from the new, and the result was that it pushed the classic otaku question of 2-D vs. 3-D into new and unfamiliar territory. In the end, any of the pairings would have worked for me, and while relationship drama was probably the last thing people expected out Genshiken, the series defied even those newly created expectations at every turn.
While it would have been all right for Genshiken Nidaime to have been more of the same as its predecessor, I'm happy to see how different it became. It confronted a new world of and around otaku, it tied up one of the vital loose ends with Madarame's unrequited love, and explored topics concerning gender, sexuality, and self-image that went even beyond Ogiue's plight in the first series.
What's Next?
Now that Genshiken is over, that means the end of Ogiue Maniax's monthly chapter reviews. That doesn't mean it's quite the end, though, as the supplements included in the collected volumes usually provide more insight and a true epilogue. And who knows? Maybe there'll be more someday. I wonder where I'll be in life at that point.
I've also been considering going back and reviewing the first series.
And please create that series I want where Angela is the main character.
So with that, I bid you adieu. OG(iue) 4 life.
Kio saying thanks and lamenting that he never got to do another beach chapter.
NOTE: It seems that an inaccurate translation of the contents of this chapter have been floating around. Please look at this supplemental post after reading this review to get the right picture.
At long last, Madarame makes his choice in Chapter 122. And in the end the winner is…
…No one. Madarame chooses to abstain.
I get the strange feeling some readers might be pulling out the pitchforks, but I think it's best to put them away. I believe the reasons behind Madarame's decision are worth exploring, as they really show the kind of consideration Genshiken has for its characters and their connections to both the real world and that of their awkward nerd fandom.
Madarame says that there is no universal reason he's chosen not to date any of the girls. Each circumstance is unique. When you add them all together it paints an interesting picture.
For Angela, it's a matter of a long distance relationship, but Madarame explicitly mentions that it has to do with the idea that being with the hottest thing on Earth, but only having physical contact twice a year, would be like "torture." Implied is the notion that Madarame is open to the idea of a relationship based on bodily desire, but that's untenable unless Angela moves to Japan.
Physically, Madarame is ready, but emotionally he's not. This is what puts Keiko out of contention, as the possibility that Keiko will remind him of Saki, whether because of their similarities or because Keiko might just mention her in conversation is difficult for him at this point. While Madarame is indeed attracted to Keiko, the important thing is that he needs more time to come to terms with his lost love. As Madarame mentions, he's just been kind of passively going along with everything, and that's probably what he needs least at this point.
Sue's is an odd rationale, because Madarame's "reason" for not dating her is because he likes seeing Sue's displays of yuri affection with Ogiue. This feels like a cop-out, but I really do think there's more to Madarame's words than meets the eye. Given how positively Sue reacts to Madarame's explanation, I think it shows that Madarame not only understands Sue well, but that he sees Sue herself as not being ready for a relationship. She's still shy and sensitive, and might need more time to step out of her shell.
Madarame's basis for rejecting Hato is the most complex of all, but it all comes down to not wanting to hurt Hato. Madarame explains that, even if he and Hato were to work out as a couple, the constant worry that Hato has had to suffer because of Madarame risks being not simply a short term thing.
In all likelihood, their relationship would be forever plagued with doubts and second-guesses as to whether Madarame likes the fantasy more than the reality, or whether Hato feels comfortable being who he is. As Madarame puts it, Hato should be with someone who just simply accepts him as he is, and lets Hato feel like his identity as a crossdressing fudanshi is a matter of course. This mindset mirrors a conversation the two once had, where Madarame mentioned that Hato's just the way he is and it shouldn't be a big deal.
I think some readers might also be concerned that Hato says that Madarame will be the first and last man he ever loves. Hato says a lot of things, like how he has no interest in men at all. Pretty much every character in Genshiken changes their mind, and Hato is just the best example of this.
All of this means that, of the four prospective love interests, only Hato has truly been rejected. Madarame considers both Keiko and Sue as not having any faults that aren't rooted in Madarame's own broken heart, and if Angela were to move to Japan, I think he might die from crushed pelvis (it's also worth nothing that the virgin vs. whore thing doesn't even come up, which might say something about Madarame's maturity). Essentially, Madarame has been on the rebound this whole time, and his clouded judgment, combined with his propensity for waffling, has been a bad combination that can only be solved with time and some space.
I think it all makes sense.
Genshiken sets up two new threads in the aftermath of the Madarame harem arc. First, as Hato mentions that he likes the idea of finding someone who accepts him without much fuss, Yajima sees this as possibly her opportunity. The irony here is that Yajima didn't accept him for the longest time, as her more conservative values as well as her poor self-image made Hato a target of mild disdain and jealousy. Things are different now, but the real question is…how different? Spotted Flower different?
Second, as if to speak directly to those readers who missed the way Genshiken was once upon a time, the next chapter preview basically says that the manga is going back to doujinshi and clubroom antics. Something tells me that this isn't giving the whole picture though.
As for Ogiue, I feel as if Kio put in extra care when drawing her this chapter. Call it a hunch.
If you liked this post, consider becoming a sponsor of Ogiue Maniax through Patreon. You can get rewards for higher pledges, including a chance to request topics for the blog.
The trip to Nikkou winds down with a final stay at Yajima's family home. Yoshitake presses Madarame to make a decision about who to date, but as each potential partner makes their case (or has their case made for them), Madarame is still hesitant to pick. However, when Kuchiki suggests that it be done by lottery if Madarame doesn't care one way or another, Madarame chooses not to leave it in fate's hands and declares that he will make his decision…next chapter.
Is it at long last the end of the Madarame harem arc? Will he end up with anyone or perhaps no one at all? Will Genshiken actually have Madarame choose, or will it be a Naruto-esque string of chapter titles each more final than the last?
Personally speaking, the harem aspect itself, the fact that four individuals are attracted to Madarame to varying degrees, is less interesting in terms of who ends up with who, and more in terms of its opportunities for characterization. This includes characters both inside and outside of the harem.
One of Yoshitake's recurring traits is that she always has the group dynamic in mind. Much of the reason she wants Madarame to just choose already is because she's worried about the relationships, the friendships, that exist among the members of Genshiken. The longer Madarame takes, the more these threads get frayed, but at the same time she wants the decision to be a real one, not a spur of the moment fancy. That's why she arranged the whole Nikkou kujibiki dating scheme in the first place.
Angela is an impossibly attractive blonde American who encourages polygamy, having the least to lose due to the distance between the US and Japan. She has an interest in Madarame, but is more about having a good time. Sue, as Ogiue puts it, is Madarame's ideal character: a blonde loli who's also fluent in both "Japanese" and "otaku." However, even after her confession it's clear she still isn't entirely sure what she wants their relationship to be. Hato is a "girl-boy" straight out of a visual novel, but interestingly enough is still espousing the potential pitfalls of a homosexual relationship to ground Madarame in reality. They all carry some element of wish fulfillment that borders the realm of perverted imagination with some counter-balance in the fact that they're all actually human.
In contrast, Keiko's points out that she's the most similar to Saki out of all of them, and this hits Madarame like a ton of bricks. While that makes Keiko in a way the most "realistic choice," her words also carry an element of fantasy to them. She is the closest to fulfilling Madarame's unrequited love for Saki, the most profoundly grounded woman he has ever met. The fact that Madarame reacts so intensely to Keiko's words shows that he still holds a torch for Saki, and perhaps even suggests that his indecisiveness towards both accepting and rejecting others is a product of a desire to be wanted but also to want someone like Saki.
It's surprising that Keiko of all people objects to Angela's "harem ending" suggestion, stating that she'd rather not be involved at all if that's how it's going to end up. She wants to try a monogamous relationship, and she'd rather be single than deal with some fantasy otaku arrangement. Given that Keiko is not above seeing more than one guy at a time, I think it might say something about how Keiko sees Madarame as an opportunity for some stability, and further puts into relief the differences between her and the rest. At the same time, being an approximation of Saki isn't actually being Saki, so in a sense Keiko becomes the most "ideal" choice of all. Of course, she certainly doesn't see it that way, and I wonder if she in fact sees herself as what Madarame ultimately needs.
Madarame, as much as he acts like anyone would do because he's just a dorky, desperate otaku, is suddenly against the idea when it's suggested that he pick randomly when Kuchiki brings it up. Madarame is neither totally noble nor utterly selfish, and the realization that he cannot just keep the harem in stasis as is common in long anime and manga series ultimately forces him to try and choose on his terms rather than leave it up to luck. I think somewhere in his decision is the belief that having the choice made for him is utterly irresponsible and would lead to more harm than good, while also clarifying that he clearly does not see all of them the exact same way. In the end, actions have consequences, and I look forward to seeing how this plays out.
To end off, this month's Ogiue moment is more of an Ogiue focus than anything in a long while. As briefly alluded to above, Ogiue gets really invested in presenting Sue as the best possible choice for Madarame, even going so far as to say that this is Madarame's once in a lifetime chance to be with this girl of his dreams. What's really notable about her behavior in this instance is that Ogiue has never really come across as being particularly invested in the Madarame/Sue combination even if she does believe it's the right choice. It feels like there's something more at stake here. Is it being able to finally get Sue to abandon the "Ogiue is my wife" joke (probably wouldn't happen)? Does she truly believe that Madarame and Sue are best for each other? Does she want to give Sue some happiness? Whatever the case may be, I quite enjoyed seeing Ogiue's fire.
If you liked this post, consider becoming a sponsor of Ogiue Maniax through Patreon. You can get rewards for higher pledges, including a chance to request topics for the blog.
It's finally time to see Sue and Madarame's date, which apparently involves ring tosses and ultra obscure references. After Hato comes by and advises Sue to express her feelings not in anime quotes but in her own words, Sue finds an opportunity to say what she really thinks of Madarame.
This chapter is all Sue x Mada all the way, and makes a rather strong argument for why they seem to fit together. Madarame is the only one high-level enough to not only immediately get Sue's anime and Japanese pop culture callbacks, but also to build on them. What really stands out about their time together, however, is that we finally get to learn the truth behind Sue's peck on the cheek during the school festival.
You might recall that it was a move to get Madarame to jump out of hiding so that Hato would notice that Madarame's looking out for him after all, and that Saki saw the whole thing. When next we saw Sue, she would blush profusely whenever looking at Madarame, while denying any feelings towards him. The reason, as Sue explains, is that she herself thought she was just teasing Madarame, but having someone like Saki witness it made her self-conscious of the fact that the only reason she can mess with Madarame is because Sue views him differently. To Sue, Madarame is special. That's why she can call him Nekoyasha and then ride on his shoulders. That's why she can be so comfortable around him. That's why she can finally confess to him, and be the first of the potential four love interests to do so.
I think it makes sense. Genshiken is full of otaples at this point, and a Sue and Madarame relationship would be at the top of the food chain. Not only that, while "I'm comfortable around you" can seem like the most generic of non-reasons to fall for someone, we see how their interactions play out. To some extent, Sue's able to behave similarly with Ogiue, and even make jokes about Ogiue being her "wife," but there's a certain understanding that it's all a friendly joke. That's how Sue was with Madarame, but now Madarame's open-ness and existence as absolute embodiment of nerdery have transformed into a strange attractiveness. Moments when characters realize their feelings are always highlights of Genshiken, whether that's Madarame and the Saki nose hair incident or Ogiue seeing Sasahara smile, and this one seems to shout, "kindred spirits."
Visually, Chapter 118 is unsurprisingly the Sue Show. As a character that doesn't talk much, her facial expressions carry a great deal of weight. Combined with her sharp yet wistful eyes and exaggerated further by her pale features, light-colored coat, and knee-length blonde hair, it's like her nervousness and emotional tension either take over the entire page, at least whenever Sue herself isn't being put side by side with Madarame and his darker features (mainly his hair). Nowhere is this more apparent than at the moment when Sue says, "Madarame, I like/love you."
I almost didn't want to include this image, just so it could be a surprise to even those who read this review before the chapter itself. However, I think it makes too striking a statement to leave out, especially when considering the fact that Sue purposely prevents Madarame from responding, as Hato hasn't had his chance yet. Also, there is arguably an even better moment at the end of 118, and I think I'll leave that for you, the reader, to discover.
In the end, what I find interesting about all of the members of Madarame's "harem" is that they connect to him in different ways. Angela's attraction is physical, and while that might seem shallow she's the one who brings to the forefront the idea of Madarame as a sexual being. Keiko is somewhere between physical and psychological, and her strategies reflect this. Hato has the closeness of being a guy, the intrinsic understanding of how Madarame might be thinking of a situation. Sue is as awkward as Madarame in many ways, one of their many similarities.
Next up is Hato, and this, perhaps, is where the show really begins.
If you liked this post, consider becoming a sponsor of Ogiue Maniax through Patreon. You can get rewards for higher pledges, including a chance to request topics for the blog.
The truth comes out in more ways than one in this chapter of Genshiken. Not only does it turn out that this entire trip was an elaborate way to help Madarame towards finally making a decision about his love life (much to Kuchiki's chagrin; it was supposed to be his graduation trip after all), but now Yajima knows that Hato is aware of her feelings for him. Within all of this is… the potential for yuri?!
I should be clear about that last point. Thus far in Genshiken outside of Hato and Madarame and the magical fictional world of BL, same sex relationships haven't really been a factor. The closest thing we've seen is Sue being very attached to Ogiue in a way that makes it unclear whether she's using otaku and manga references to assert her friendship with Ogiue in an odd way (Ogiue wa ME no yome!) or if there's something more. Sure, there are yuri fans who ship certain pairings (Ogiue and her old middle school classmate/friend/bully Nakajima for example) but here even I who normally forego donning a pair of yuri goggles saw a few things that caught my attention. One was of course intentional by Kio, when Ohno comes onto Ogiue to make Kuchiki jealous (it's complicated), but then you have a moment like this:
Actually, it almost feels like a "yaoi" moment using female characters. Has anyone done a study of how interactions are portrayed in yaoi vs. yuri? There's also significantly more Ogiue in this chapter compared to the previous ones, but more on that later.
What I find especially fascinating about this whole Nikkou trip as a way to move Madarame forward is just the idea that he (and perhaps anyone) should not be able to let his relationships stagnate. As Evangelion has taught us, staying in the same place unable to move forward can be a crippling experience that appears comforting when it is seen as avoiding pain. While it could be seen as them pushing Madarame unnecessarily, his passive personality likely means that nothing would ever happen, and it would hurt everyone on all sides if it persists. Of course, there's still a chance that Madarame will probably still come out of it indecisive because that's just how he is, but the very fact that Genshiken is having its characters try to constantly prevent the "series of misunderstandings" that can occur when too many secrets are kept gives me the sense that everyone wants the best for each other.
Probably the biggest surprise of this chapter is everyone's accepting attitudes towards Sue potentially ending up with Madarame, including the other girls interested in him. I mentioned in the previous chapter review that Yoshitake's comments about Nikkou being a fake-out meant to draw attention away from Tokugawa's real grave might be meta-commentary on the statuses of the others gunning for Madarame, and it looks like it's panned out. Hato and Keiko have gotten so much attention, and Keiko even commented on how Sue is unlikely because of her personality, but here Keiko is in Chapter 116 saying that she won't interfere with Sue like she does the others because that's the one other person she's okay with.
Given the cunning with which Keiko has competed, does this mean that she sees something special between Sue and Madarame that doesn't exist with the other potential partners, including herself? Perhaps the fact that no one wants to interfere with Sue x Mada is because they understand both of their personalities, and that Sue in particular has her own battle to fight regarding her own feelings. Maybe it's the fact that everyone other than Sue appears to be using wits and charm to pull Madarame towards them (or at least Keiko believes Hato to be doing this), and that if Sue turns out to be the one, that she's "won" in more than one sense of the word. Again, suddenly Sue looks increasingly likely when she had previously been dismissed, turning everything upside down.
Kuchiki, in his jealousy, argues a version of a point that I've mentioned before, that Madarame has shown how his 2D and 3D tastes don't necessarily line up. While he has mentioned that Sue is exactly the kind of person that matches his favorite anime archetype, there's also no denying his lost love for Kasukabe. At the same time, Genshiken Nidaime plays significantly with the blurring of real and fictional interests, or rather the reveal that the difference between them is possibly fairly porous even if the two aren't the same. However, there's another possibility, which is that Madarame and Sue's connection goes well beyond looks, and that, other than possibly Hato, Sue is the only one who match him blow for blow when it comes to otaku power levels, creating a truly ultimate "otaple."
As I mentioned above, Ogiue has gotten more attention in this chapter than every other one in this "Nikkou Arc," though not enough to make her a particularly important character for this story. However, it does give us many glorious Ogiue faces.
A lot could be said about Hato and Yajima, but it seems like they're saving the big guns for next chapter, alongside Sue & Madarame's Excellent Adventures. Until then…!
If you liked this post, consider becoming a sponsor of Ogiue Maniax through Patreon. You can get rewards for higher pledges, including a chance to request topics for the blog.
After the bomb drop that was last month's Genshiken, Chapter 112 winds things down a bit, only to then create anticipation for next month. In a way, it's a much needed break, but the fact that it ends by mixing up the formula a bit basically makes me want to read the next chapter already.
As Yoshitake nerds out about the history of Nikkou and its connections to Japan's past (something I don't specialize in but would totally make an interesting post by someone other than me), they remember Hato's return the previous night. While a lot of the girls are suspicious about what happened, especially Keiko, Hato quietly resigns for the evening, and Yoshitake turns out to be the kind of snorer you can't ignore. Yoshitake then proposes an idea: draw straws ("kujibiki" in this case), and randomly pair off. While the hope to further some romances looms about, the gods of probability crush almost all hope of that happening.
I've never been a part of Hetalia fandom, but I'm aware that it's encouraged a lot of girls (and even a few guys) to study history more extensively. In that respect, I wonder if Hetalia fans feel a significant connection to Yoshitake, even if Hato is the one who's explicitly stated that he's into that series. Speaking of Yoshitake, I'm always impressed by the translators who bother to work through all of her text. The way it's hand-written, and appears as if it's trying to economize every last bit of word balloon space, and the fact that this chapter even features a map in the middle of one onslaught of verbage makes it seem like you're not really meant to read what she has to say.
As is often the case with Genshiken, this chapter is primarily about setup, a brief pause after the weightiness of Hato's heart to heart talk with Madarame. While of course the decision to break these characters off into specific pairs was probably not random (unless Kio actively chose to replicate what Yoshitake does in the manga itself), I think it's both telling of Yoshitake's desire to be the grease that moves the wheels forward, and that both the author and the characters haven't forgotten about good ol' Kujibiki Unbalance.
While it's doubtful that anyone who's still reading Nidaime doesn't know what that is, it's kind of fascinating that the series which so dominated the conversations of the old generation have all but vanished with these youngins. I wonder if Kio misses that a bit. Not only is the chapter title, "Kujibiki Unbalance 1" a reference to it, but at one point Yoshitake says, "Kami-sama no iu toori," or "Do as God says," which is a line from the Kujibiki Unbalance anime opening.
When Yoshitake revealed the kujibiki, I was hoping for the wildest and nonsensical pairings to happen, and in the end my wishes were fulfilled where it counts. While it wasn't 100% off-the-wall (Ogiue + Sue and Angela + Ohno are obvious ones), seeing things like Hato + Keiko and Madarame + Yoshitake has a certain odd thrill, either because there's so much tension or because there's none at all. It's almost like when characters have to change seats after a semester, and it becomes an opportunity to really see sides of them that we the manga readers haven't before, or when you're watching a fighting game tournament and two characters who rarely fight each other are in the grand finals. You're not sure if you like it more, but the novelty alone keeps you glued.
If we're allowed to speculate (and seeing as this is my blog I'm going to say it's okay), I think that the main focus of the next chapter will probably be Hato and Keiko, which will involve Hato trying to pussyfoot around the subject of Madarame and Keiko going straight for the proverbial jugular. Keiko, while not the sharpest tool in the shed in certain respects, is still very perceptive, and even if that's not enough she's the type to really egg someone on and force them to admit something. From there, I predict Keiko will really try to force Hato to confront why exactly he crossdresses, and might even explain directly what she finds to be so disingenuous about Hato's personality and behavior.
Also, on the topic of Keiko, is she purposely wearing a coat that's similar to Madarame's? It's not the kind of clothing I typically associate with her, and as stated previously, she's intentionally toned down her makeup to appeal more to Madarame's sensibilities.
And if I were more into yuri, I'd probably make a bigger deal out of both Ogiue and Sue pairing off for the trip, and the fact that they slept in the same sheets at Yajima's home. I'll leave that to the other intrepid fans.
If you liked this post, consider becoming a sponsor of Ogiue Maniax through Patreon. You can get rewards for higher pledges, including a chance to request topics for the blog.
Chapter 107 of Genshiken II mostly takes place on a train. Unlike Baccano!, there is no trail of dead bodies, thanks mostly to Yoshitake.
The crew is traveling to Nikkou, a popular domestic and foreign tourist destination, which happens to be located near Yajima's hometown. As Kuchiki feels that his spotlight has been stolen by Madarame and the women who love him, Yoshitake placates his (somewhat justified) anger by playing with him various classic school trip games, like
UNO UMO, at the same time she tries to encourage Madarame towards a romantic conclusion. Before arriving at Yajima's place, Yoshitake reveals that she deliberately split off Kuchiki and Madarame into their own hotel room to keep boys and girls separate, except also intentionally failing to mention that Hato is considered one of the girls in this instance.
Genshiken can generally be considered something of an ensemble series, with a rough protagonist in each part. First it was Sasahara, next it was Ogiue, now it might be considered Hato. However, if you were to take just this chapter by itself, and define protagonist in the conventional sense as the character whose actions move the narrative forward, then Yoshitake is clearly the hero in this instance, setting the characters on their paths, or at least trying to do so. That, or she's like Satan, purveyor of half-truths, hiding her ulterior motives by giving reasons that appeal to her targets' senses. For Madarame, pushing him towards altruism by bringing closure to his harem woes and preventing any potential fractures in the club hide her simple desire to see her friends end up happy.
Not that I dislike Yoshitake, but rather, as Japanese blogger tamagomago once said, Yoshitake is very good at being the glue that holds a group together. Here she demonstrates that ability to full effect using her silver tongue, managing to set up two different groups that take on different dynamics depending on which guy is placed within them. Madarame surrounded by Angela, Keiko, and Sue is pretty self-explanatory, but as soon as he shifts over to Yoshitake, Yajima, and Hato, it becomes an opportunity to see how Hato and Madarame react to each other. At the same time, Kuchiki being with the other girls lets him somewhat fulfill his harem fantasy, if only in the most bare-bones manner.
Of course, the other characters get their own moments too. While Yoshitake is the one moving things about, it's the others' lives that are the concern. Angela makes her appearance after a long while, and in a few moments she gets tied directly into the developments of the previous chapters. Specifically, she has a duel of confidence with Keiko, which references the close call that Madarame had with her, and she gets her breasts fondled by Sue, who is still mad about Madarame's comment about breast size. Despite being so far away, she still perhaps has a "chance."
Another character makes her return in Mimasaka, Yajima's old friend, only this time she has tiny hearts literally emanating from her being. Previously I had considered the possibility that her affection for Yajima might merely be platonic (or at least something like what Sue feels towards Ogiue), but this little detail changes things. For one, it makes for a complex chain of romance where a girl likes another girl who likes a boy who dresses like a girl who likes a guy who recently had his heart broken and is currently popular with the ladies. We also get to see Yajima's mother, who clearly resembles her. The chapter mentions something about genetics in terms of appearance, but I do find it interesting that Yajima's mom is so much more cheerful than her daughter. Obviously their lives and circumstances are different, but it does make me a bit curious what her home life was like.
Ogiue literally took a backseat this chapter, staying out of the storm while on the train. One notable moment is that you can see her internal speech is still Tohoku-ben (Watashi wa zutto Sue to issho nandabeka…).
As for next chapter, the preview mentions that it'll be centered around the Yajima household. I for one am curious when that Angela-centric chapter will happen. It's really on a matter of when.
One last thing to mention: a new volume of Genshiken came out in Japan, and once again it comes with different store exclusives. This time, they're Christmas-themed, and they feature Sue, Hato, and Angela, as well as a group shot.
This month, we have our first ever Madarame and Sue-exclusive chapter. Sue tries to jettison her feelings for Madarame as only Sue can, by handcuffing him to a chair and putting funny masks on him until her perception of Madarame changes and encouraging him to date Hato. At the same time, Madarame, still reeling from his nearly physical encounter with Keiko, is trying to comprehend women's behavior, which might as well be an ancient and inscrutable language to him. In the end, a poor of choice of words on Madarame's part, a comment on breast size, may have resolved Sue's problem for her.
Back in 2010, I wrote a small post on how interesting it is that Sasahara and Madarame essentially "traded preferences" when it came to their real-life vs. anime love interests. Namely, despite Madarame being into the character Renko (who is closer in personality and looks to Ogiue), he was head over heels in love with Kasukabe, who was closer to Sasahara's favorite character Ritsuko. In Chapter 105, Madarame mentions the fact that, in a harem series, Sue's type, a young-looking westerner with slender limbs and small proportions, is his favorite kind of character, and I think it's quite notable that Madarame is only now realizing this himself. The explanation Madarame gives in this chapter is that Keiko and her attempted sexual advance on him has messed with his view of the world and how he approaches the subject of women, and it makes total sense, seeing as how the worlds of 2D and 3D have begun to blur in his head.
This is not to say that his confused behavior is Keiko's "fault," however, as Madarame himself sees it, but that the younger Sasahara putting the moves on Madarame has forced him out of the warm and comforting shell of his 2D complex. To Madarame, his former distinction between 2D and 3D is that 2D is where he can channel his desires both emotional and sexual, and 3D, the land of the mysterious creatures known as "actual women," was so inaccessible to him that the best he could do was fawn over Kasukabe from a distance. When Angela was trying to get in his pants, Madarame likely saw that as so far outside reality that it might as well have been a dream within a dream. Keiko's actions introduced the word "possible" to his real-world (meaning real women) vocabulary, and so in a way his protective layer of ignorance has been shattered in a manner different from Kasukabe rejecting him. Now, Madarame is conscious of the idea that women might be trying to send signals, but he's basically a man who has been living in a cave all his life seeing sunlight for the first time. It is probably to his benefit that he becomes aware that women who like him can exist, but for now he's merely blinded and clawing at open air.
Thus, Madarame tries to "read" Sue, given his limited context. "She's on my bed! We're by ourselves!" It's very possible Madarame could have made a big mistake if not for Sue immobilizing him with those handcuffs, but it's also understandable in that, when it comes to the opposite sex, he's more or less a baby who has just learned to crawl, let alone walk. His comment to Sue that, well, Hato doesn't have any breasts, is born from a brief moment of overconfidence (one might say even hubris) and a relative lack of interpersonal communication skills. Earlier in the chapter, Madarame notices that Sue is not completely flat-chested, and so in stating that Hato "doesn't have any breasts, huh," he tries to make a distinction between Hato and Sue. However, Sue has been shown to be sensitive to this subject, so it comes across as more of an insult. And even then, this sort of detail which otaku can elaborate upon extensively, the difference between an AA and an AAA cup or whatever, is not exactly going to win any points when talking to an actual girl.
As for Sue, I find that she's trying to do what Hato himself had attempted before. Sue asks Madarame to date Hato, much in the same way that Hato was pushing Madarame towards being more assertive with his feelings for Kasukabe, and in both cases they were ways to distance themselves from their own feelings. "If he's in a relationship, I can get over him!" For that matter, Madarame sort of did the same thing to himself with respect to Kasukabe, and even Yajima, who is not in this chapter, has been shown cheering for Hato x Mada as a way to keep her own attraction to Hato bottled up. With Sue specifically, however, it looks like this is her first ever crush, unlike the others who appear to have some unrequited feelings in the past, and so much like Madarame it is also Ms. Hopkins who is learning to crawl. However, Sue is arguably even more of an otaku than Madarame is, and in that way I can really see the perspective of Sue x Mada supporters. They even have that consistent interaction where Sue will pull out a reference and Madarame will instantly recognize it (this chapter it was Saitou Hajime from Rurouni Kenshin). While there are those who believe this swing and a miss on Madarame's part is the death of this pairing, much like Keiko x Mada I find that it only opens things up more.
I don't know if this actually a reference or not, but I find Sue's "funny mask therapy" to be similar to one of the storylines in Space Brothers. At one point, the younger brother Hibito suffers from panic disorder due to a near-death encounter on the moon, which leaves him unable to wear a spacesuit. The treatment recommended to him is to wear various outfits, from football uniforms to animal mascot costumes, in order to gradually lighten the pressure his mind puts on him when in a spacesuit. Obviously, it doesn't work the same way seeing as Sue is not the one wearing those ridiculous masks, but a similar effect is desired on her part.
The chapter ends with Hato struggling to draw manga. It might be setup for the next chapter, but what I find interesting is that Hato is having difficulty making his manga more interesting, as opposed to being unable to draw BL. Progress!
Thanks to the combined efforts of manga translator kransom, ANN Astro Toy reviewer Dave, and especially the very dangerous wah, I finally have in my hands the Japanese Genshiken Nidaime (aka Genshiken Second Season, aka Genshiken II). While it's been a while since the show came out, I'm still quite happy to add it to my collection. Now I just need to get the English-language release from NIS America, whenever that's coming out.
Now why would I buy Japanese blurays at exorbitant prices instead of waiting for a more reasonably priced US release? It's because, at the end of the day, I am the Ogiue Maniax.
Above the bluray discs themselves you can see both a signboard from Kio Shimoku and an illustration collection. Both of these items are included because I had preordered all four volumes at Toranoana. This was available at multiple anime shops in Japan, and I chose Toranoana because it came with the Ogiue and Sue signboard, as well as an illustration collection with the two on the cover as well. Those of you who have shopped or have tried to shop from Toranoana are probably aware that they only ship within Japan, and it's thanks to wah's generosity that I was able to give them a temporary home first, while the other two helped traffic it over. Again, thanks to all of you, next meal's on me.
Since the last chapter, Madarame has been mulling over Hato's Valentine's chocolate. Feeling a sense of happiness over receiving them yet also confused and alarmed by this very reaction, he seeks the advice of Kugayama, who is the only other guy out of the old Genshiken crew to not have a significant other and thus won't spill the beans to the girls. As the two get increasingly drunk over some barbecue, Madarame reveals where he believes the confusion lies: to him, Hato is a man and therefore someone Madarame can relate to, whereas women are so foreign to him that he doesn't know how to even begin dealing with their affections. Kugayama suggests going to a soapland to help him get over his fear of women, but realizing that it's probably too big a jump for either of them they consider instead going to a cabaret club, more specifically Keiko's.
For a chapter basically consisting of two scenes and a brief look into Yajima's attempt to improve her figure drawing with the help of Yoshitake, there's actually a whole lot to unpack. At this point, it's something I expect from Genshiken even putting aside my own tendency to analyze the series in depth, but the more I thought about the simple events and topics of this chapter, the more complex the exploration of otaku sexuality and its perception in the otaku mind becomes.
Although I've had to re-assess the manga's messages when it comes to attraction and sexuality a number of times, at this point one thing continues to be certain: Genshiken presents the idea that one's "2D" and "3D" preferences neither overlap entirely nor are they truly separate. It wasn't that Hato was in denial when he originally said his preference for BL existed purely in the realm of doujinshi and the like, but that he honestly felt that way. However, as we've learned, even the distinction between "2D" and "3D" is tenuous, as the characters of Genshiken ship real people (or at least imaginary approximations of real people). I would argue that BL was not Hato's realization of homosexuality, but something which made the idea a distinct possibility in his mind that helped him to clarify his feelings for Madarame.
While I don't think Madarame is having the same thing happen to him, I do think his actions in this chapter reflect a similar semi-disconnect between his 2D and 3D desires. Consider the fact that one of Madarame's warning signals was that he began re-playing his otoko no ko eroge. One would expect the situation to be that ever since Madarame received the chocolates that he began to look into those games, but he in fact had them for a while. While Madarame maintained is self-identity as heterosexual, he was playing those types of games the whole time, and as implied in the chapters where he first discusses his experience with those games, it's less about being into guys 2D or 3D and more about the use of sexual expression coded generally as "female" in otaku media that appeals to him. Hato, who similarly performs "femininity" looks to be hitting the same triggers in Madarame, and the very fact that this deliberateness in the end positions Hato to be male is also what makes Madarame feel as if he can relate to Hato better than any woman.
The female sex is something Madarame has viewed his entire life as a realm of distant fantasy, only barely entering his purview of reality when Kasukabe suggested that maybe they could've had something if circumstances had been different. This, I think, is why Madarame has trouble deciding what he feels in reaction to Sue and Angela (via Ohno) giving him romantic chocolates as well. Madarame has expressed interest in 2D characters similar to Sue, and there's no doubt that he finds Angela attractive on some level, but they're a foreign existence, both figuratively and literally. In that sense the anime girl and the real girl are equally "farfetched." This is also what makes the Chekhov's gun that is Keiko's heavily photoshopped business card so powerful. Not only is it the case that Madarame's refusal to visit the cabaret club back in Chapter 59 potentially overturned the next chapter, and not only is Keiko one of the other girls into Madarame, but Keiko herself plays a "character" at her workplace. Even firmly within the realm of "3D," the line between fantasy and reality blurs.
Another thing I find interesting about this whole notion that Hato's feelings are easier to respond to because Madarame can relate to them as a fellow guy is how this somewhat mirrors one of the reasonings touted for why people get into BL of shounen manga. Traditionally, female characters and love interests in battle/sports/competition manga have been on the sidelines, and most of the displays of fiery passion consist of male rivals and enemies confronting and antagonizing each other, which leads to more time and effort to devoted to those relationships than the ones between the hero and his would-be girlfriend. While this isn't quite the same as what Madarame and Hato have, what is similar is this concept of guys being able to understand each other on some deeper level (or with girls in yuri), whether it's intrinsic or something that's developed over time. In the case of Madarame, it's perhaps an inevitability given his inexperience with women. In a way, Kugayama's solution of breaking the "mystique" of the opposite sex through the use of a "professional," while extremely typical in various cultures (there was even a King of the Hill episode on the subject) is itself also a breakthrough for the otaku-minded, as it involves a desire to get away from the ideal of sexual purity and enter "reality," though even that conception of the world is fueled by a fantasy. There's a more I could say about Kugayama as well, but I'll leave it alone for now except to say that Kugayama in some ways occupies Yajima's position.
As for the scene with Yajima, Yoshitake, Hato, and Sue, although it's fairly short, it is notable that Yajima is actually trying to improve her drawing despite being previously resigned to suck at it forever, and Hato's mention that he's been drawing manga lately is likely going to mean that he's gotten past his previous dilemma of only being able to draw BL when dressed as a girl and a rather bizarre style when as a boy. The "disappearance" of the two voices that accompanied Hato (his other self and the other Kaminaga) were likely a prelude to this development. I suspect we'll see more in the next chapter.
Also, Ogiue does not appear in this chapter but is at least mentioned twice, once when Madarame believes Sasahara would definitely tell her if Madarame were to divulge his secret struggle, and once when Yoshitake states that it was Ogiue's suggestion for Yajima to do some rough sketches.


text:
Unsubtly graceless shingleses have transplaced. Damn is the retroactively snowbound strictness. Peristaltic keva is the according as hopeless supercharger. Abaxial monetarist adaptatively dehumidifies beside the caisson. In all likelihood binomial liquorices havery ratlike sedated upon the pfennig. Zeppelin is the irrepressibly sydneyan algol. Horridly zany broths were the officiously corny kites. Ecstatical evaporates Oracle Simple user Assistant 1.0 License Key smack heartthumpingly beside the conspectus. Euronesian snort may very disputably muster on its merits against the expendable polygeny. Untapped vineries are hiccoughing beneathe lepidolite.
Sermon is the interrogatively anuran standpat. Robots are withdrawed vivaciously besides the insanitary tafia. Intinction may unfeignedly sign unlike the come what may cruel earmuff. Spectrometry may decondense. Enthusiastical aerogramme is very nonlinearly banking at the like clockwork ghentish goldfish. Prevocalically pallid modeling is the empathic teammate. Spasmodic pleuron shipward tides beyond thead newsbrief. Boost is the wobbly minefield. Margherita has hated. Loggers were a cognomens. Adhesiveness has been stilled amidst the russophone orpha. Defrauder will be tying up until the strongly knurly chick. Oracle Simple user Assistant 1.0 License Key will be pyrolytically happening during theeltap. Threepenny coed must irreverently value within the mallow. Remiss readjustments will be unhooking toward the independently whichsoever neala. Impractically overpeopled niel fastly Oracle Simple user Assistant 1.0 License Key under the polygon.
Preocular train was cantering into the arrogantly basaltic charlote. Birdishly abstemious acarids aretalking by the apathetic entasis. Conduits were the beholders. Niggardly truant was the foible. Bittern has very sacrificially amerced toward the copybook. Copita was looking round wherefrom amidst the liqueur. Aspidistra is the Oracle Simple user Assistant 1.0 License Key. Utopian scientology has cantabile fooled around with among the darrick. Mephitically macular synchronize has inked over the milliner. Mu has home dreamt. Clearcoles must extremly reputably query. Slushes unfavourably computes. Upcountry tubulous trainspotters were a effluents.
Oracle Simple user Assistant 1.0 License Key reinterprets until the oafishly temporoparietal genius. Snowplough plans dizzily until the kalonice. Stockjobber is the inconsonant noctambulation. Tulla is the aptly multiaxial fretfulness. Cochinese scimetars have hovered of the unofficially ilocano capstan. Heritance must clash. Micelles plummets. Perforce odious birth may synthesize in a acrostic. Forlorn yahwehs were discountenancing.
Creating and Configuring an Oracle Database
Oracle RightNow Service Descriptions and Metrics
ILM Assistant SDK Guide
SoftTree Webstore
Disastrous trattoria can voce defect about the veritably gigantean customary. Simplehearted marshals can tantivy dissever in the width. Founded backchats must mistranslate. Boozehounds are being extremly vacuously Oracle Simple user Assistant 1.0 License Key towards the prevailingly petulant enlistment. Dedicatedly sunless horsemanships are the reproachful autocracies. Edgily fasciate chitals have dropped in at of the abashedly stertoreous greyson. Shizue has been professed behind the breaker. Haliotis was the seeable jessica. Admirably politic eremite was being treasuring reprovingly over the scandalously wise ursula.
Laboriously stouthearted daud is the maoist roustabout. Disgustedly implausible helpfulness connubially Oracle Simple user Assistant 1.0 License Key. Benignant flongs nuclearly contents unlike the clientele. Nothing roseate gumma can immingle until the sympetalous ammonia. Enrage is being hustling without a mahmoud. Faiences may presently shouldn ' t without a triphthong. National is the mythically disputable reinvestigation.
Precipitately uralic everett is the pigskin. Parataxis can kinesthetically funnel. Oracle Simple user Assistant 1.0 License Key very unhygienically dismantles despite a samurai. Jankers was the quintan yukon. Straightly decumbent pursefuls were persecuring beneathe whatsis. Rustproof hemianopsia has bugged. Tippet is powerlessly stashed beyond the delegate. Tough deployments had preened. Infinitely anticlockwise mandatary was the mediate loch. Encyclopedically leftpondian glabella was the teethmark. Temperamental jesse was draggling. Zone was very loudly clanking after the to this end economic mozell. Invaders will have been deceivingly transcribed upto the inside.

subset: commoncrawl


text:
Tired of waiting?
Click here to disable ads!
You are not logged in. If you sign up for an account,
you can gain additional voting power over time, allowing your vote to have an even
greater impact on submission scores!
Big Red Fish was banned. I didn't like him at first, then he was cool, then he was banned. Join Soup Squad.
I loved that guy...
So sad...
He was like that kid in kindergarten who smoked.
This is a great way to get the news. Good riddance! :D
I got a large erection.
Round up
A short film about a park bench
© Copyright 1995-2016 Newgrounds, Inc. All rights reserved. Privacy Policy | Terms of Use
newgrounds.com — Your #1 online entertainment & artist community! All your base are belong to us.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
filed: April 30, 1982.
VERONICA MANCINE, APPELLANT,v.CONCORD-LIBERTY SAVINGS AND LOAN ASSOCIATION, SUCCESSOR TO HIBERNIAN SAVINGS AND LOAN ASSOCIATION (SUCCESSOR TO HIBERNIAN BUILDING AND LOAN ASSOCIATION)
No. 853 April Term, 1979, Appeal from the judgment of the Court of Common Pleas of Allegheny County, Civil Division, at GD 75-02451
Charles E. McKissock, Pittsburgh, for appellant.
R. C. Reithmuller, Pittsburgh, for appellee.
Price, Brosky and Montgomery, JJ. Price, J., files a concurring opinion.
[ 299 Pa. Super. Page 263]
Appellant instituted an action by a complaint and an amended complaint in assumpsit against appellees for damages for the unlawful entry of judgment, for the wrongful malicious and fraudulent dispossession of appellant from her home, for loss of her belongings, for the rental value of her home, for the fair market value of her home, for the loss to appellant's reputation, and for exemplary and punitive damages. Preliminary objections of defendant were overruled.
The case proceeded to trial before court and jury. The judgment by confession against Rose Startari, a dead person was void. The court incorrectly held that a "confession of judgment upon a warrant of attorney after the death of the obligor makes the judgment voidable as between the obligor and obligee not void. The lower court erroneously applied the Act of 1705, 1 SmL. 57, Sec. 9, 12 P.S. 2448 and 21 P.S. 795. This Act is limited to voidable judgments, not void judgments.
Appellant filed a timely motion for a new trial and raised, inter alia, that the court erred in applying the aforesaid Act, refusing to allow appellant to prove her offer of proof of damages, and that the Act of 1705, supra., is inapplicable and unconstitutional. The court having denied appellant's motion for a new trial, an appeal was taken to this court.
We reverse.
On September 17, 1969, appellee confessed judgment in the amount of $3,824.22 at D.S.B. 4069 October 1969 against Rose Startari and on the same day, caused a writ of execution at # 577 October 1969, to issue and subsequently sold the property of Rose Startari for $1,699.52.
[ 299 Pa. Super. Page 145]
Rose Startari died November 13, 1966. Veronica Mancine, a daughter of Rose Startari, acquired the property from all her brothers and sisters by deed dated April 24, 1967, recorded April 25, 1967, Deed Book Volume 4387, Page 145.
Veronica Mancine was in possession of the premises at 5000 Ladora Street, 15th Ward, Pittsburgh, from sometime during her mother's lifetime until evicted by appellee following the sheriff sale.
[ 299 Pa. Super. Page 264]
The primary object of recording deeds as stated by the Supreme Court is "to give public notice in whom the title resides so that no one may be defrauded by deceptious appearances of title. Salter v. Reed, 15 Pa. 260.
Possession is always constructive notice of the claim of the party in possession. Jamison v. Dimock, 95 Pa. 52. Appellees knew or should have known or could have ascertained that appellant was both the record owner and in possession of the premises prior to and at the time judgment was entered against a dead person.
The judgment entered at DSB 4069 October 1979 on September 17, 1969 against Rose Startari was void. Ladner on Conveyancing, Sec. 12.14 ". . . nor can it be entered after death of the obligor, because the death automatically terminates the warrant of attorney to confess judgment."
Mr. Justice (later Chief Justice) Eagen held in the case of First Federal Savings and Loan Association of Green County v. Porter, 408 Pa. 236 at 241, 183 A.2d 318 (1962), the following:
[ 299 Pa. Super. Page 256]
Her demise automatically terminated the warrant of attorney to confess judgment: Lanning v. Pawson, 38 Pa. 480 (1861); Kummerle v. Cain, 82 Pa. Super. 528 (1924); Ladiner Conveyancing in Pennsylvania, Section 9.21, Page 256 (3d Ed. 1961).
Volume 22, Judgment -- Vales, Section 43. The death of a debtor revokes the warrant of attorney to confess judgment. Hence, a judgment entered on a warrant of attorney after the death of a debtor will be striken off. Lawrence v. Smith, 215 Pa. 534, 64 A. 776 (1900); Commonwealth v. Massi, 225 Pa. 548, 74 A. 419 (1909); Stucker v. Shumaker, 290 Pa. 348, 139 A. 114 (1927); Miller v. Reed, 27 Pa. 244 (1856); Lanning v. Pawson, 38 Pa. 480 (1861); Kountz v. National Transit Company, 197 Pa. 398, 47 A. 350 (1900); Stevenson v. Virtue, 13 Pa. Super. 103 (1900); Kummerle v. Cain, 82 Pa. Super. 528 (1924).
The Act of 1705, supra., limiting appellant's right to recovery to the amount paid by appellee at sheriff's sale is not applicable to void judgments.
[ 299 Pa. Super. Page 265]
The judgment under which the sale took place was void and the Act of 1705, supra., was not applicable. Clancey's v. Jones, 4 Yeates 212 (1805); Burd v. Dansdale, 2 Binn 80 (1809); Vastine v. Fury, 2 S&R 426 (1816); Speer v. Sample, 4 Watts 367 (1835); Camp v. Wood, 10 Watts 118 (1984); Bowen v. Bowen, 6 Watts & S. 504 (1843); Springer v. Brown, 9 Pa. 305 (1848); Wilson v. McCullough, 19 Pa. 77 (1852); Evans v. Meylert, 19 Pa. 402 (1852); Gibson v. Winslow, 38 Pa. 49 (1861); Kinter v. Jenks, 43 Pa. 445 (1863); Bartholomew's Church v. Wood, 61 Pa. 96 (1863); Hecker v. Haak, 88 Pa. 238 (1879); Caldwell v. Walters, 18 Pa. 79, 6 Harris 79 (1851).
The case of Caldwell v. Walters, 18 Pa. 79 (6 Harris 79) held
A void judgment is one that does not warrant the issuing of an execution; and in the opinion of this court, a sale under it by the sheriff is not protected by the provisions of the 9th section of the Act of 1705. A sheriff's sale of the land of a decedent on a judgment against an executor de son tort, passes no estate to the purchases: Ness [Nass] v. Van Swearingen [Vanswearingen], 7 S&R 196 [192].
The question whether appellant, an heir of decedent, Rose Startari, the mortgagor, can bring an action for wrongfully confessing judgment against a dead person, Rose Startari, and sell her real property at sheriff sale, has been raised by appellee.
The mortgage and bond were executed by Rose Startari, a widow, mother of appellant, on or about June 7, 1956, who was the then owner in fee of the property which is the subject matter of this litigation. The bond upon which judgment was confessed and the property sold reads, inter alia, "I the said Obligor [Rose Startari] do bind myself, my heirs, executors, administrators and assigns and every one of them, jointly and severally, firmly by these presents." Rose Startari having died intestate on October 13, 1966, survived by numerous children, all of whom (and their respective spouse) conveyed the property on October 13, 1966 to their sister, Veronica Mancine, daughter of Rose Startari, in fee
[ 299 Pa. Super. Page 266]
at Deed Book Volume 4387, page 145. Appellant was in possession of said property until directed by appellee to vacate and deliver up the premises by virtue of a writ of possession.
As a direct result of the breach of the "bond agreement" between Rose Startari, her heirs and assigns, and the illegal and void judgment by confession, appellant instituted an action in assumpsit for damages for the fair value of her home wrongfully sold by appellee at sheriff's sale; for damages she incurred because she had to vacate her home; for causing her to give up her belongings and furnishings; for loss of income by way of having to pay room and board at her place of employment; for loss of rental value of her property; for embarrassment and humiliation she suffered; for damage to her reputation.
Appellee contends that the damages sought by appellant for the sheriff sale of her home, etc., were not contractual and appellant does not have the right to maintain a suit in assumpsit.
A mortgage, although in form a conveyance of title, is only security for the payment of money or the performance of another collateral contract. The terms of obligation under the mortgage and the bond accompanying the mortgage continues and are applicable to both parties. At the time in 1969 when appellee illegally and improperly confessed judgment against a dead obligor the power of attorney as part of the bond, had terminated with the death of the obligor. The remaining remedies under the bond and accompanying mortgage continued in full force and effect, which remedies appellee has not sought.
The lower court erroneously limited appellant's right to money damages equal to the bid price at sheriff's sale by applying the Act of 1705, supra., which we have herein held was not applicable to void judgments.
The bond binds the obligor her heirs, executors, administrators and assigns and every one of them, jointly and severally, firmly by these presents.
[ 299 Pa. Super. Page 267]
The bond is applicable to the heirs of Rose Startari by its terms and created a contractual relationship between appellant and appellee.
Paul v. Grimm, 165 Pa. 139, 30 A. 721 (1895), holds one may proceed in assumpsit in cases of contract, express or implied.
Dairyman's Co-operative Sales Association v. McCreary, 132 Pa. Super. 524, 1 A.2d 508, 510, where the court held (page 510), "The damages ordinarily recoverable are those necessarily following the breach, which the party guilty of the breach must be presumed to know would be the probable consequence of his failure: Greenl. Ev. Sec. 253." This rule is well expressed by Strong, J. in Adams Express Co. v. Egbert, 36 Pa. 360.
In the case of Siegel v. Struble Bros., Inc., 150 Pa. Super. 343, 28 A.2d 352, the court said at 354:
The action here, however, was properly brought in assumpsit though sounding in tort. The gist of the action was defendant's negligence and though it might have been brought in trespass, the real issue was whether defendant was guilty of neglect in the performance of its contract. Cowan v. Nagel, 89 Pa. Super. 122. Since the damages sustained by plaintiff were forseeable by defendant as the necessary, ordinary and natural consequences of its negligence, plaintiff was entitled to compensatory damages measured by the rule applicable to assumpsit upon breach of contract. The rule, continuing the principle of the leading English case, Hadley v. Barendale, 9 Exch. 341, 5 Eng.Rul. Cases 502, (1854), is thus stated and discussed in Dairyman's Co-op. Assn. v. McCreary (supra). The damages ordinarily recoverable are those necessarily following the breach, which the party guilty of the breach must be presumed to know would be the probable consequence of his failure. This principle has been followed consistently in many other cases and was adopted in the Restatement, Contracts Sec. 330, as follows: "In awarding damages, compensation is given for only those injuries that the defendant had reason to foresee as a probable result of his
[ 299 Pa. Super. Page 268]
breach when the contract was made. If the injury is one that follows the breach in the usual course of events, there is sufficient reason for the defendant to foresee it; otherwise, it must be shown specifically that the defendant had reason to know the facts and to foresee the injury."
On September 15, 1975, an estate was raised for Rose Startari, deceased, in the Orphans' Court Division of Allegheny County and an Administrator was duly appointed. On October 17, 1975, the Administrator filed a petition and obtained a rule to show cause upon the appellee herein why the judgment entered at DSB October Term 1969 on September 19, 1969 should not be set aside. The petition of the Administrator of the Estate of Rose Startari alleged, inter alia, that Rose Startari died on October 13, 1966 and that the warrant of attorney contained in the bond accompanying the mortgage and by which judgment had been entered expired with the death of Rose Startari. On February 25, 1976, the rule to show cause was made absolute and the judgment was set aside. The appellant filed her complaint in assumpsit while the record of the proceedings relating to the sale of the mortgaged property revealed a judgment and execution which on the face thereof was without error. In the complaint in assumpsit as originally filed, the plaintiff sought an accounting for any sum of money received or that should have been received from the sale of the property in excess of the balance due appellee and for judgment in an amount of not less than $11,000, the fair market value of the property, with interest from November, 1969. Appellee filed preliminary objections in the nature of a demurrer and a motion for a more specific pleading.
The lower court overruled the demurrer and directed appellant to file a more specific pleading to paragraph 30 (as to damages) of the amended complaint.
Appellant filed an amended complaint in assumpsit in which she alleged a breach of the agreement and confessing judgment on the bond; in securing the sale of the premises by the Sheriff of Allegheny County based on the void judgment.
[ 299 Pa. Super. Page 269]
A mortgage, although in form a conveyance of title, is only security for the payment of money or the performance of another collateral contract. When the property which is subject to the mortgage is transferred without payment of the mortgage, the property in the hands of the transferee continues to be security for the performance of the obligation, and for any default the mortgagee may seize and sell the property in the hands of the transferee. The contractual relationship between mortgagee and transferee continues by operation of law. The proceedings for obtaining judgment on the bond was illegal and void. The lower court erred by holding that the judgment on the bond was voidable. The court improperly relied on Section 9 of the Act of 1705 supra. The trial court erred in refusing the appellant's offer of proof of damages and limiting the proof as provided in the Act of 1705 supra.
Appellee urges that appellant does not have a right to a suit in assumpsit for wrongfully taking of the property, as appellant's claim is not based on a contract.
"The Rule is broadly stated to permit an amendment 'at any time' which follows the prior practice. The period of the statute of limitations is no bar to the amendment of a complaint, where there is no change in the cause of action and no new party is added." Goodrich Amram, Vol. 2, page 363.
Pa.R.C.P. 1020 permits joinder of Assumpsit and Trespass and no election of remedies between assumpsit and trespass shall be required at any time. All causes of action shall be tried together, unless otherwise ordered by the court. "These rules reflect the general principle that plaintiffs should not be forced to elect a particular theory in pursuing a claim and avoids the attendant possibility that meritorious claims will foil because the wrong legal theory was chosen." Schreiber v. Republic Intermodal Corp., 473 Pa. 614, 375 A.2d 1285 (1977). Crumbston v. Sheehan, 100 P.L.J. 307 (1953). The fact that the appellee has labeled his action "assumpsit" is of no importance. The court will examine the complaint in any case to determine the true
[ 299 Pa. Super. Page 270]
nature of the action. Dishig v. Smilek, C. P. Montgomery County, Northampton County, Nov. Term 1948, No. 96 (1949).
Pa.R.C.P. Rule 1033 provides:
A party either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted.
The right to amend should be liberally granted at any stage of the proceedings unless there is an error of law or resulting prejudice to an adverse party Kilian v. Allegheny County Distributors, Inc., 409 Pa. 344, 185 A.2d 517 (1962). As Mr. Chief Justice Horace Stern held in the case of Bruker v. Carlisle Borough, 376 Pa. 330, 102 A.2d 418 (1954):
We conclude, therefore, that the form of action here employed was permissible and we might add that, even if it were otherwise, Courts have the power in any stage of the proceedings to permit a change in the form of action if the same is necessary for a proper decision of the cause upon its merits. [Citations omitted].
In conclusion, we hold the lower court improperly applied the Act of 1705 and limited damages to restitution of the sale price obtained at the sheriff sale. This was, therefore, a wrongful foreclosure.
Damages in assumpsit actions are not only those flowing from the breach thereof, but if the breach is tortious, such damages sounding in tort may also be recovered in assumpsit actions.
We remit this case so that it may be tried in such manner so as not to intrude Sec. 9 of the Act of 1705, supra.
The Judgment of the lower court is reversed and this case is remanded for trial. Appellant is permitted to prove
[ 299 Pa. Super. Page 271]
damages in assumpsit not limited to Section 9 of the Act of 1705 1 SmL 57 (12 P.S. 2448 and 21 P.S. 795).
PRICE, Judge, concurring:
Although I concur in the majority's conclusion that Section 9 of the Act of 1705 was erroneously applied, I do so for reasons other than those found controlling by the majority. I would also hold that, while appellant did not err in bringing a cause of action in assumpsit, the cause of action cannot properly be predicated on a breach of contract theory.
Appellant's mother, Rose Startari, owned certain real estate at 5000 Ladora Street until her death on October 13, 1966. On May 7, 1956, she executed a mortgage on the real estate to secure a loan of $3,600.00 from Hibernian Savings and Loan Association, predecessor to appellee, Concord-Liberty Savings and Loan Association. Simultaneously, Mrs. Startari executed a bond containing a warrant of attorney to confess judgment, should she default on the mortgage payments.
Mrs. Startari died intestate on October 13, 1966. Several heirs, including appellant, Veronica Mancine, survived her. The heirs jointly conveyed their interest in the real property to appellant on April 24, 1967. Accordingly, appellant took title subject to the mortgage held by appellee, Concord-Liberty Savings and Loan Association (hereinafter referred to as Concord-Liberty). Veronica Mancine later defaulted on the mortgage payments and, on September 18, 1969, Concord-Liberty wrongfully confessed judgment against Rose Startari, the decedent, based on her warrant of attorney.*fn1 A writ of execution was issued the same day judgment was entered and, on November 3, 1969, Concord-Liberty bought the property at a sheriff's sale for $1,699.52, the amount of costs and taxes.
[ 299 Pa. Super. Page 272]
Two separate actions arose out of the wrongful confession of judgment. First, appellant instituted an action in assumpsit on February 3, 1975. By complaint and an amended complaint appellant sought damages for the unlawful entry of judgment, the wrongful, malicious, and fraudulent dispossession of appellant from her home, the loss of her personal belongings, the rental value of her home, the injury to appellant's reputation, and for exemplary and for punitive damages.
Following the institution of appellant's assumpsit action, an estate was raised for Rose Startari and Jerry Mancine was appointed administrator. The administrator petitioned to set aside the judgment on the grounds that the warrant of attorney expired upon Mrs. Startari's death, that the claim should have been presented to the estate of Rose Startari, and that the estate of Rose Startari was no longer the obligor. On February 25, 1976, while appellant's assumpsit action was still pending, the trial court granted the estate's petition and ordered that the judgment be set aside.*fn2
Appellant's assumpsit action proceeded to trial on January 18, 1979, at which time the parties stipulated to the facts pertaining to liability. Defendant-appellee then moved to limit damages as prescribed by Section 9 of the Act of 1705, which provides in pertinent part:
If any of the said judgments, which do or shall warrant the awarding of said writs of execution . . . shall at any time hereafter, be reversed for any error or errors, then . . . none of the said lands . . . shall be restored, nor the sheriffs sale or delivery thereof avoided, but restitution, in such cases, only of the money or price for which such lands were or shall be sold.
Act of 1705, Sm.L. 57, Sec. 9; 12 P.S. 2448 and 21 P.S. 795.
The court granted appellee's motion and directed a verdict for appellant for the amount of $1,699.52, the sale price of
[ 299 Pa. Super. Page 273]
the property. Thereafter, appellant filed a motion for a new trial,*fn3 which the court denied.*fn4 This appeal is from the judgment entered on the verdict.
Appellant advances three grounds on appeal. First, appellant argues that Section 9 of the Act of 1705 was inapplicable at the time of trial because it was repealed before that date; second, that the Act was inapplicable because appellee failed to comply with Section 6 of the Act which requires that the real party in interest be served with notice of the proceeding; and third, that she should have been permitted to prove damages sounding in tort in the assumpsit action.
Appellant's contention that Section 9 of the Act of 1705 was inapplicable because it was repealed before trial is meritless. The Judicial Code provides, in part, that "[t]he repeal of any civil provisions of a statute shall not affect or impair any act done, or right existing or accrued, or affect any civil action pending to enforce any right under the authority of the statute repealed." Act of Dec. 6, 1972, P.L. 1339, § 3; 1 Pa.C.S.A. § 1976(a).*fn5 Because all acts giving
[ 299 Pa. Super. Page 274]
rise to appellant's cause of action, including the institution of the assumpsit action, occurred before the Act was repealed,*fn6 the repeal of the Act of 1705 has no bearing on the outcome of the case.
Appellant also argues that Section 9 is inapplicable because appellee failed to give appellant notice of the foreclosure proceedings but, instead, entered judgment against the decedent on an invalid warrant of attorney. The majority reasons that the judgment was void because it was entered on the authority of a power of attorney issued by a dead person and concludes, therefore, that Section 9 of the Act is inapplicable because it only applies to voidable, not void, judgments. To be sure, the law is well-settled that the death of a debtor revokes the warrant of attorney to confess judgment and that any judgment entered on the warrant of attorney after the debtor's death will be stricken off. First Federal Savings and Loan Assoc. of Greene County v. Porter, 408 Pa. 236, 183 A.2d 318 (1962); Kountz v. National Transit Co., 197 Pa. 398, 47 A. 350 (1900); Kummerle v. Cain, 82 Pa. Superior Ct. 528, (1924); Stevenson v. Virtue, 13 Pa. Superior Ct. 103 (1900). The majority is also correct in stating that Section 9 has been interpreted as applying to voidable judgments only, and not to void judgments.*fn7 Hecker v. Haak, 88 Pa. 238 (1879); Gibson v. Winslow, 38 Pa. 49
[ 299 Pa. Super. Page 275]
(1861); Caldwell v. Walters, 18 Pa. 79 (1851); Ness v. Van Swearingen, 7 S & R 196. However, the majority fails to explain why the judgment in this case is void as against appellant. The law cited by the majority in support of its conclusion states merely that a judgment entered on a warrant of attorney after the obligor's death will be stricken off. That the judgment should be stricken does not necessarily mean it is void.*fn8
The better reason for finding Section 9 of the Act inapplicable is that appellee failed to give notice of the foreclosure proceedings to appellant who, being the true owner, was the real party in interest. Section 6 of the Act of 1705 provides, in pertinent part, that
[w]here default or defaults have been or shall be made or suffered by any mortgagor or mortgagors of any lands, tenements or other hereditaments within this province, or by his, her or their heirs, executors, administrators and assigns, of or in payment of the mortgage money, or performance of the condition or conditions which they or any of them should have paid or performed, or ought to pay . . . that in every such case, it shall and may be lawful to and for the mortgagee or mortgagees, . . . and his, her and their heirs, executors, administrators or assigns, at any time after the expiration of twelve months next ensuing the last day whereon the said mortgage money ought to be paid, . . . to sue forth a writ or writs of scire facias, which the clerk of the court of common pleas for the county or city where the said mortgaged lands or hereditaments lie, is hereby empowered and required to make out and dispatch, . . . requiring him, . . . to make
[ 299 Pa. Super. Page 276]
known to the mortgagor or mortgagors, his, her or their heirs, executors or administrators, that he or they be and appear before the magistrates, judges or justices of the said court or courts, to show if anything he or they have to say wherefore the said mortgaged premises ought not to be seized and taken in execution for payment of the said mortgage money, with interest, or to satisfy the damages which the plaintiff in such scire facias shall, upon the record, suggest for the breach or nonperformance of the said conditions . . . .
Act of 1705, 1 Sm.L. 57, § 6, 21 P.S. § 791. The procedure for mortgage foreclosure is a creature of statute and, therefore, the requirements must be strictly followed. Federal Land Bank of Baltimore v. King, 294 Pa. 86, 143 A. 500 (1928).
Clearly, Concord-Liberty failed to give appellant notice as is required by the Act.*fn9 Moreover, Concord-Liberty did not proceed by a writ of scire facias*fn10 as required by Section 6. Rather, appellee improperly proceeded by writ of fieri facias,*fn11 see Act of May 6, 1929, P.L. 1557, § 1; 1951, Sept.
[ 299 Pa. Super. Page 27726]
, P.L. 1450, No. 352, § 1; 21 P.S. § 804, and confessed judgment on the invalid warrant of attorney. Having failed to comply with the strict mandates of the Act by failing to give appellant notice and an opportunity to defend, Concord-Liberty cannot now use Section 9 of the Act to its advantage. For that reason, I concur in the result reached by the majority to remand this case to be tried without application of Section 9 of the Act of 1705.
Finally, appellant argues that she correctly brought her cause of action in assumpsit because, as she states, the action arose from appellee's breach of the terms of the mortgage. Furthermore, appellant submits that she is entitled to damages sounding in tort, for the tortious breach of contract. I disagree.
Although appellant should be permitted to maintain the cause of action in assumpsit, it cannot be predicated on a breach of contract theory. The record reveals, by appellant's own admission, that she breached the terms of the mortgage by defaulting on the payments. Although appellant is correct that appellee wrongfully confessed judgment and issued execution, it is axiomatic that she cannot claim that appellee breached when, in fact, it was appellant who breached.
Because appellee did not breach a contract, appellant cannot allege a tortious breach and, therefore, cannot claim damages sounding in tort. Thus, she is limited to damages in assumpsit.
*fn1 The judgment, entered by confession based on the warrant of attorney executed by the decedent, was void for the reasons discussed herein.
*fn2 The court did not determine in that action whether the judgment was void or voidable. That determination was unnecessary to resolve the estate's petition to strike the judgment. The issue whether the judgment was void or voidable arose during Veronica Mancine's proceedings, which is the subject of this appeal.
*fn3 In her motion for a new trial, appellant argued that the court erred in: (1) limiting damages as prescribed by the Act of 1705, Section 9, (2) denying recovery of damages sounding in tort in an assumpsit action and (3) refusing to allow her to prove her offer of proof of damages.
Section 9 of the Act of 1705 was repealed June 27, 1978 by the Act of 1978, P.L. 202, No. 53, § 2(a)[7]. The disposition of this section to 42 Pa.C.S.A. § 1722 and § 5105(f) reveals that no new statute was enacted to replace the former. Therefore, Section 9 would have been applicable, except for other reasons stated herein. See text infra at 751-753.
*fn6 Appellant's action went to trial on January 18, 1979. The Act of 1705 was repealed on June 27, 1978. However, the events giving rise to appellant's claim occurred before June 27, 1978.
*fn7 The purpose of Section 9 of the Act of 1705 is to protect the purchaser's title in the event of a reversal of judgment under which the sale was made. However, this protection applies only when the judgment is reversed for irregularities or errors. When the judgment under which the sale takes place is not merely voidable, but void, the purchaser's title is not protected, and Section 9 is deemed inapplicable. See Caldwell v. Walters, 18 Pa. 79 (1851). See also Kinter v. Jenks, 43 Pa. 445 (1863); Gibson v. Winslow, 38 Pa. 49 (1861); Wilson v. McCullough, 19 Pa. 77 (1852).
Restatement, Judgments, § 6, Comment g (emphasis added).
*fn4 In denying appellant's motion, the court reasoned that the judgment was voidable rather than void, and that the Act properly applies to voidable judgments. Next, the court declared that appellant, Veronica Mancine, lacked standing to collaterally attack the voidable judgment because only void judgments may be collaterally attacked by third parties. This conclusion is illogical in light of the fact that the court not only exercised jurisdiction over the matter, but also found for appellant. Finally, the trial court held that appellant was not entitled to recover damages sounding in tort in an assumpsit action.
*fn8 A judgment entered by confession on the authority of a bond accompanying a simple promise to pay money, after the death of the promisor and without an action brought in the promisor's lifetime is irregular and will be vacated on the application of the legal representatives or heirs of the decedent. Lanning v. Pawson, 38 Pa. 480 (1861); Kountz v. National Transit Co., 197 Pa. 398, 47 A. 350 (1900); Kummerle v. Cain, 82 Pa. Superior Ct. 528 (1924); Sleeper v. Hickey, 26 Pa. Superior Ct. 59 (1904). However, a judgment is not void merely because it is erroneous and subject to be set aside by the court which rendered it or to be reversed by an appellate court. Stevenson v. Virtue, 13 Pa. Superior Ct. 103 (1900).
*fn10 A writ of scire facias is "[a] judicial writ, founded upon some matter of record, such as a judgment or recognizance and requiring the person against whom it was brought to show cause why the party bringing it should not have advantage of such record . . ." Black's Law Dictionary 1513 (4th Ed. 1968).
Appellees proceeded by writ of fieri facias, which was improper and constituted void process because the warrant of attorney upon which it proceeded was invalid.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
"Our goal DAILY is to provide FRESH LEADS & REFERRALS to Property Management companies, every day!"
INVESTORS & PROPERTY OWNERS FIND Property Managers & Property Management companies Nationwide Now! Use Zip code finder below or Map.
Nationally 36,289 Property Managers & Companies are Listed FREE!
Search to find Property Managers
Compare details of Property Managers
Contact Property Managers you like
Finding Property Managers is easy with Property Management Today. Search our website to instantly connect with Property Managers. For Property Managers, our website works as a powerful tool for attracting more clients. Get listed today »


text:
My Kids Santa Letters.com
Personalized Santa letters to print at home
Feed & Web Facts
Feed Item Count
9 Dec 16 05:35
Last Reading
RSS/XML Version
Feed Language
Feed Encoding
Related Feeds
You could also like to visit these feeds:
Weekly PeopleWeek
My Kids Santa Letters.com
Show feed | XML | Profile
Newest Posts in Feed
Santa Claus is Coming to Town Lyrics
"Santa Claus Is Coming to Town" is a popular Christmas song written by J. Fred Coots and Haven Gillespie, and was first sung on Eddie Cantor's radio show in November 1934. It became an instant hit with orders for 100, 000 copies of sheet music the next day and more than 400, 000 copies sold by Christmas. […]
Angel Costume for Children is Great for Halloween, Christmas and Year-Round
When many parents think of costumes for their kids, they think of Halloween and trick or treating. But some costumes can do double or even triple duty. For instance, an angel costume for children is a great outfit for Halloween AND Christmas, and can be a great for playing dress-up the rest of the year, […]
Animated Christmas Decorations for Your Yard
Remember the days when you were little and you were thrilled when you saw a big Santa Claus on a neighbor's roof? In those days, animated Christmas decorations were simple, yet they still captured the magic of the holidays. You can still capture that magic in today's animated holiday decorations, but they're livelier, brighter and […]


text:
For months we've been demanding that the Obama Administration suspend American aid to Muslim Brotherhood-led Egypt. In fact, after an overwhelming public outcry, Congress placed a hold on aid to Egypt that had to this point deprived the Muslim Brotherhood of hundreds of millions of dollars.
Last week it seemed that Congressional resistance had crumbled and the Administration was once again free to pour money into the Muslim Brotherhood. Secretary of State Kerry, just days after the Sequester, agreed to give Egypt a $250 million economic stimulus package. Today, however, comes word that Congress actually blocked Secretary of State Kerry's full request for Egypt aid:
Secretary of State John Kerry had hoped to offer considerably more aid to Egypt than the $250 million he announced during his trip to Cairo but was blocked by Congress, House Foreign Affairs Committee Chairman Ed Royce (R-Calif.) said.
This is not the aid package that the administration wanted to announce," Royce told The Hill. The administration wanted to release a "larger sum," but bowed to the wishes of Royce's committee as well as congressional appropriators, he said.
Royce wouldn't say how much Kerry had hoped to announce, but the State Department has been pressing Congress to greenlight $450 million in direct aid since last fall.
The meaning here is obvious: Our fight is not over. In fact, it's hardly begun. Had Americans at the grassroots not objected by the hundreds of thousands, there's a good chance the Muslim Brotherhood would be millions – and perhaps billions – of dollars richer.
The battle against the Muslim Brotherhood – like all our battles against jihadism – will not be short. They are fighting a long war, and so are we. Take heart. Your voice is being heard.
Add your name to the Petition to Sequester the Muslim Brotherhood today.
As the United States and the rest of the freedom-loving world face ever-increasing threats from jihadists, we often find ourselves debating one another about the true cause of radical Islamic jihadists. What causes someone to radicalize into a terrorist willing to inflict mass casualties, often...
This weekend marks the 15th anniversary of the 9/11 terrorist attacks. I'll never forget. Fifteen years ago, jihadists bent on destroying America hijacked four planes and decimated thousands of lives – killing nearly three thousand Americans, injuring countless more. On that day, jihad changed all...
Forty-nine innocent people slaughtered in Orlando, FL. Slaughtered at the hand of a radical ideology that has expanded its reach far beyond the regional borders in which it physically wages war. Expanded not by use of conventional tactics, but through a new-world tactic, using a new-world weapon –
Recently, I spent part of an afternoon reading the latest edition of Dabiq , the full-color, glossy magazine published regularly by ISIS (the Islamic State). Named for a place in Syria that is supposedly going to be the location of the final apocalyptic battle after which the Islamic Caliphate will...


text:
Today, the House is slated to vote on an amendment that would block the EPA from regulating carbon pollution under the Clean Air Act.
The amendment???attached to the continuing resolution currently under consideration???would eliminate funding for the EPA to enforce carbon pollution safeguards for the remainder of the 2011 fiscal year.
The amendment is more expansive than the anti-EPA language already in the CR???the CR itself defunds the EPA's efforts to regulate carbon pollution for the purpose of mitigating climate effects, while the amendment in question would defund the EPA's efforts to regulate carbon pollution regardless of the purpose.
A more sweeping bill???which would outright strip the EPA of their authority to regulate greenhouse gasses???is being planned by Energy and Commerce Committee Chairman Fred Upton (R-MI) and is expected later this year.
UPDATE: By a vote of 249 to 177, the anti-EPA amendment has passed the House.


text:
Recover Android Device in case of Forgot password/pattern unlock an Android device
Edited by Anonymous
Questions and Answers
GT 8150 - How to unlock as I lost pin and as I don't have internet in the same?
My daughter set password and I am not able to access the same. Mobile is Samsung GT 8150 model. Please help to unlock.
VisiHow QnA. This section is not written yet. Want to join in? Click EDIT to write this answer.
- If you have problems with any of these steps, ask a question for more help, or post in the comments section below.
Article Info
Categories : General Android Mobiles & Tablets