Limbert v. Jones
Supreme Court of Pennsylvania
APPEAL EBOM THE COUBT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 109 July Term 1887, Sup. Ct.; court below, No. 833 March Term 1887, O. P. No. 1. On April 2,1887, an amicable action of ejectment was entered wherein Joseph L. Jones, guardian of the minor children of Abraham Herman, deceased, was plaintiff, and Frank B. Basford and Harry A. Limbert, assignees of Mablon Scbocb, were defendants, was entered “ as if a summons had been regularly issued and had been duly…
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APPEAL EBOM THE COUBT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 109 July Term 1887, Sup. Ct.; court below, No. 833 March Term 1887, O. P. No. 1. On April 2,1887, an amicable action of ejectment was entered wherein Joseph L. Jones, guardian of the minor children of Abraham Herman, deceased, was plaintiff, and Frank B. Basford and Harry A. Limbert, assignees of Mablon Scbocb, were defendants, was entered “ as if a summons had been regularly issued and had been duly served and so returned by sheriff, and judgment is confessed in favor of plaintiff without stay of execution.” This…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
We are of opinion that no appeal lies in this case. The act of April 4,1877, gives the right of appeal only where the judgment “has been entered by virtue of a warrant of attorney or on judgment note.” The judgment in this case was confessed in an amicable action of ejectment. It was done by an attorney, it is true, but there is nothing on the record to show that it was by virtue of a warrant of attorney. Flanigen v. The City, 51 Pa. 491, was also a judgment confessed in an amicable action of ejectment brought upon a lease, and it was said by Agnew, J., that “it…
2Cases cited1 opinion
- Flanigen v. City of PhiladelphiaSupreme Court of Pennsylvania · 1866
3Cited by3 opinions
- Dikeman v. ButterfieldSupreme Court of Pennsylvania · 1890
- Lyon v. GoffSupreme Court of Pennsylvania · 1888
- Blythe Township v. MorrisSupreme Court of Pennsylvania · 1888