Whitesell & Sons ex rel. Maul v. Peck, Phillips & Wallace Co.
Supreme Court of Pennsylvania
Appeal, No. 238, Oct. T., 1894, by terre tenant, from order of C. P. No. 8, Allegheny Co., Feb. T., 1893, No. 14, making absolute a rule to strike off entry of satisfaction of a judgment. Rule to strike off satisfaction of judgment, with notice to M. H. Stevenson, terre tenant. From the record, it appeared that Frederick Maul had loaned defendant $700, and had taken a judgment note for the same which was duly entered up by Whitesell & Sons, attorneys at law.
Read the full summary
Appeal, No. 238, Oct. T., 1894, by terre tenant, from order of C. P. No. 8, Allegheny Co., Feb. T., 1893, No. 14, making absolute a rule to strike off entry of satisfaction of a judgment. Rule to strike off satisfaction of judgment, with notice to M. H. Stevenson, terre tenant. From the record, it appeared that Frederick Maul had loaned defendant $700, and had taken a judgment note for the same which was duly entered up by Whitesell & Sons, attorneys at law. The judgment was taken in the name of the Whitesells, and by them subsequently assigned to Maul. Stevenson bought the property and…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This judgment was marked satisfied on the record on the 26th day of November, 1892, by Whitesell & Sons, who were the *573legal plaintiffs therein and the attorneys of their assignee Maul. More than eighteen months afterward this entry of satisfaction was struck off by the court below, at the instance of Maul, who testified on the hearing that he made the application at the suggestion of Whitesell. The learned judge by whom the order was made failed to put his reasons therefor on the record, but it is probable that he was controlled by the principle that the…
2Cited by5 opinions
- McLaughlin v. MonaghanSupreme Court of Pennsylvania · 1927
- Kissick v. HunterSupreme Court of Pennsylvania · 1898
- City of Philadelphia v. SimonSuperior Court of Pennsylvania · 1899
- Stevenson v. SonsSuperior Court of Pennsylvania · 1899
- Bacher v. Hebel, Pennsylvania Court of Common Pleas, Philadelphia County1942