Legal Opinion

Long v. Morningstar

Supreme Court of Pennsylvania

Decided June 22, 1905No. Appeal, No. 133PublishedCited by 6 opinions

Appeal, No. 133, Jan. T., 1904, by defendant, from judgment of C. P. Elk Co., April T., 1903, No. 35, on verdict for plaintiff in case of C. H. Long v. A. W. Morningstar. Issue to determine the validity of a judgment opened without conditions. Before Maybe, P. J. When the plaintiff was on the stand he was asked this question : “ Q. Did you turn over the last seven months that you collected ? A. Yes, sir; I did. Q. How much? A. I don’t exactly know how much.

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Appeal, No. 133, Jan. T., 1904, by defendant, from judgment of C. P. Elk Co., April T., 1903, No. 35, on verdict for plaintiff in case of C. H. Long v. A. W. Morningstar. Issue to determine the validity of a judgment opened without conditions. Before Maybe, P. J. When the plaintiff was on the stand he was asked this question : “ Q. Did you turn over the last seven months that you collected ? A. Yes, sir; I did. Q. How much? A. I don’t exactly know how much. Q. Did you keep any record of it,?” The Court: What is the purpose of this. I do not see that it is cross-examination of anything. You…

1Opinion of the Court

Opinion bv

Mb,. Justice Potteb,

On November 14, 1902, a judgment was entered by plaintiff against defendant upon a judgment note for $2,000, purporting to be signed by the latter and drawn to the order of the former, dated July 1, 1901, and payable one day after date. Subsequently execution was issued and a levy made. On December 22, 1902, the defendant filed a petition, averring that he did not sign the note or authorize any other person to sign it, and that he was not indebted to the plaintiff in any sum whatever, and prayed that the execution be stayed, the judgment opened, and the…

2Cases cited3 opinions

  1. Beaty v. BordwellSupreme Court of Pennsylvania · 1880
  2. Sossong v. RosarSupreme Court of Pennsylvania · 1886
  3. Harris v. HarrisSupreme Court of Pennsylvania · 1893

3Cited by6 opinions

  1. Poelcher v. ZinkSupreme Court of Pennsylvania · 1954
  2. Austen v. MarzolfSupreme Court of Pennsylvania · 1932
  3. Morgan v. OwnbeySuperior Court of Delaware · 1916
  4. Ohio Pure Foods, Inc. v. BarbeSupreme Court of Pennsylvania · 1997
  5. Roberts v. WardSuperior Court of Pennsylvania · 1928

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