Legal Opinion

Sweigart v. Conrad

Superior Court of Pennsylvania

Decided December 11, 1899No. Appeal, No. 167PublishedCited by 4 opinions

Appeal, No. 167, Oct. T., 1899, by plaiutiff, from order of C. P. Lancaster Co., Execution Docket, Jan. T., 1899, No. 21, making absolute rule to show cause why fi. fa. should not be set aside and judgment stricken off. Rule to show cause why writ of ñ. fa. should not be set aside and judgment stricken off.

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Appeal, No. 167, Oct. T., 1899, by plaiutiff, from order of C. P. Lancaster Co., Execution Docket, Jan. T., 1899, No. 21, making absolute rule to show cause why fi. fa. should not be set aside and judgment stricken off. Rule to show cause why writ of ñ. fa. should not be set aside and judgment stricken off. Before Livingston, P. J. It appears from the record that a judgment note signed by John Conrad and Catharine Conrad, dated March 30, 1882, for $50.00, upon which interest had been paid from time to time, was entered up by leave of court against Catharine Conrad, John Conrad having died.…

1Opinion of the Court

Opinion by

William W. Pouter, J.,.The note in this case was given May 30,1882, by John Conrad and Catharine Conrad. On April 1, 1888, John Conrad died. On December 6, 1898, the judgment note was entered up by leave of court on petition, — the petition being silent as to the fact of Catharine Conrad being married at the time of the execution of the note. It will thus be seen that the note was given before the Act of June 3,1887, P. L. 332, and became a judgment against the present defendant after the date of that act.

It is contended that the note upon which the judgment was entered was that of…

2Cases cited5 opinions

  1. Real Estate Inv. Co. v. RoopSupreme Court of Pennsylvania · 1890
  2. Adams v. GreySupreme Court of Pennsylvania · 1898
  3. France v. RuddimanSupreme Court of Pennsylvania · 1889
  4. Geiselbrecht v. GeiselbrechtSuperior Court of Pennsylvania · 1898
  5. Stahr v. BrewerSupreme Court of Pennsylvania · 1898

3Cited by4 opinions

  1. Nixon v. NixonSupreme Court of Pennsylvania · 1938
  2. Stevenson v. VirtueSuperior Court of Pennsylvania · 1900
  3. Grone v. Northern Insurance Co., Pennsylvania Court of Common Pleas, Montour County1956
  4. Security Trust Co. v. Feist, Pennsylvania Court of Common Pleas, Montgomery County1935

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