Imler v. Imler
Supreme Court of Pennsylvania
Errgr to the Court of Common Pleas of Bedford county: Of May Term 1880, No. 14. The facts were these: Susanna Imler purchased from her son, Thomas Imler, his interest in a farm, and gave him therefor her note for $2600, payable in three annual instalments, commencing April 1st 1875. The note contained a warrant of attorney to confess judgment, “with attorney’s fees fbr collection,” and was entered of record.
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Errgr to the Court of Common Pleas of Bedford county: Of May Term 1880, No. 14. The facts were these: Susanna Imler purchased from her son, Thomas Imler, his interest in a farm, and gave him therefor her note for $2600, payable in three annual instalments, commencing April 1st 1875. The note contained a warrant of attorney to confess judgment, “with attorney’s fees fbr collection,” and was entered of record. The first two instalments were paid, and all of the third except $192.56. Thomas Imler claimed this balance and interest, amounting in the aggregate to $216.36. Susanna Imler alleged that…
1Opinion of the CourtJustice Paxson
There is no merit in the first assignment of error. Even if the burden of showing that the signature to the note upon which the judgment, No. 238, April Term 1874 was entered was genuine, was not upon the defendant below, she has no reason to complain, as the record shows she voluntarily assumed such burden before the jury. Having assumed it, and obtained the conclusion to the jury, it is no just cause of complaint that the court below adopted her own view of her duty.
The 2d, 3d and 4th assignments refer to the single question of the attorney’s commissions, and may be considered together. The…
2Cited by12 opinions
- Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Lindley v. RossSupreme Court of Pennsylvania · 1890
- Westwater v. MurrayCourt of Appeals for the Sixth Circuit · 1917
- In re GebhardDistrict Court, M.D. Pennsylvania · 1905
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