Dunbar v. Lutton
Superior Court of Pennsylvania
Appeal, No. 107, April T., 1919, by defendant, from order of C. P. Lawrence Co., Dec. T., 1916, No. 47, discharging rule to open judgment in case of Clayton H. Dunbar v. J. W. Lutton. Rule to open judgment. The facts appear in the following opinion by Emery, P. J., discharging rule to open judgment: September 25, 1916, a judgment by confession was entered on a judgment note dated July 6, 1914, at two years, for five hundred and fifty dollars.
Read the full summary
Appeal, No. 107, April T., 1919, by defendant, from order of C. P. Lawrence Co., Dec. T., 1916, No. 47, discharging rule to open judgment in case of Clayton H. Dunbar v. J. W. Lutton. Rule to open judgment. The facts appear in the following opinion by Emery, P. J., discharging rule to open judgment: September 25, 1916, a judgment by confession was entered on a judgment note dated July 6, 1914, at two years, for five hundred and fifty dollars. This note on its face is payable to plaintiff and is signed by defendant. On same day execution was issued and levy made. October 13, 1916, defendant…
1Opinion of the Court
Per Curiam,
This appeal is from the order of the court below discharging a rule to open a judgment. The disputed facts were developed on depositions and, after argument before the court, in a carefully considered opinion reciting material facts it was held, that the defendant had not adduced sufficient proof to warrant the court in submitting the case to a jury. An application of this character is addressed to the sound discretion of the court, and on an appeal to an appellate court the question is whether there has been the proper exercise of that discretion by *81the court below. This…
2Cases cited5 opinions
- Rishel v. CrouseSupreme Court of Pennsylvania · 1894
- Colquhoun v. General Flooring & Manufacturing Co.Superior Court of Pennsylvania · 1916
- Mullet v. HenselSuperior Court of Pennsylvania · 1898
- Huntingdon County LineSuperior Court of Pennsylvania · 1899
- Youngk v. KeimSupreme Court of Pennsylvania · 1907
3Cited by2 opinions
- Ackler v. MillerSuperior Court of Pennsylvania · 1920
- Stenporche v. Ivkovich, Pennsylvania Court of Common Pleas, Beaver County1947