Bates v. Cullum
Supreme Court of Pennsylvania
Appeal, No. 347, Jan. T., 1896, by plaintiff, from judgment of C. P. Warren Co., March T., 1881, No. 258, for defendant, on trial by court without a jury. Issue to determine the validity of a judgment, before the court without a jury. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 347, Jan. T., 1896, by plaintiff, from judgment of C. P. Warren Co., March T., 1881, No. 258, for defendant, on trial by court without a jury. Issue to determine the validity of a judgment, before the court without a jury. The facts appear by the opinion of the Supreme Court. On the trial the court, Noyes, P. J., held that the language of the act of May 22, 1895, P. L. 112, does not require a retrospective construction, but imports something to be completed in the future, and directed judgment to be entered for the defendant. t Errors assigned among others were, (2) in excluding…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In June, 1881, judgment was entered against defendant by virtue of a warrant of attorney contained in an unsealed note for $4,000 payable one day after the date thereof, November 10, 1873.
On defendant’s application, the court in January, 1893, made a decree opening the judgment, for the purpose of enabling him to interpose the statute of limitations, and awarded an issue in which it is provided that “ the judgment note shall stand for a declaration and defendant shall plead the statute of limitations, and no other plea, within ten days; the plaintiff on…
2Cases cited2 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Bates v. CullumSupreme Court of Pennsylvania · 1894
3Cited by9 opinions
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Duke v. HousenWyoming Supreme Court · 1979
- Hunter v. BremerSupreme Court of Pennsylvania · 1917
- Hartmann v. Time, Inc.District Court, E.D. Pennsylvania · 1946
- Creasy v. Commonwealth, Pennsylvania Court of Common Pleas, Alleghany County1965
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