Hageman v. Salisberry
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 91, to October and November Term 1872. This was an action of ejectment, brought July Term of j.869, by Charles Salisberry and others, heirs of Alexander Rowland, deceased, against William Hageman and others, for a lot of ground in South Pittsburg.
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Error to the District Court of Allegheny county: No. 91, to October and November Term 1872. This was an action of ejectment, brought July Term of j.869, by Charles Salisberry and others, heirs of Alexander Rowland, deceased, against William Hageman and others, for a lot of ground in South Pittsburg. The cause was tried November 17th 1871, before Kirkpatrick, J. The plaintiffs gave evidence, showing the title to the lot in Alexander Rowland, his death, and that the plaintiffs were his heirs at law. The defendant gave in evidence a bond with warrant of attorney, dated December 1st 1856, from…
1Opinion of the Court
The opinion of the court was delivered, November 10th 1873, by
Mbrcur, J. —
The case has been twice argued. It has received that consideration to which it was entitled. Seven errors have been assigned, but the whole case depends upon whether the waiver of inquisition is a part of the record of the judgment.
The bond contains an express waiver of inquisition, and of condemnation of all real estate which may be taken in execution issued on any judgment obtained thereon. This waiver is a part of the condition. It precedes the warrant which authorizes an attorney to confess judgment. All the terms…
2Cases cited4 opinions
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1835
- Coxe v. NichollsSupreme Court of Pennsylvania · 1800
- Reinholdt v. AlbertiSupreme Court of Pennsylvania · 1808
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- Kostenbader v. KueblerSupreme Court of Pennsylvania · 1901
- O'Hara v. Manley, Exr.Superior Court of Pennsylvania · 1940
- Wilson & Anderson ex rel. First National Bank v. ArnoldSupreme Court of Pennsylvania · 1896
- Finance & Guaranty Co. v. MittlemanSuperior Court of Pennsylvania · 1928
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