Fogerty v. Dix
Superior Court of Pennsylvania
Appeal, No. 122, Oct. T., 1920, by defendant, from order of O. P. No. 1, Pbila. Co., Dec. T., 1919, No. 5694, discharging rule to strike off judgment and set aside execution in the case of Clement A. Fogerty y. Archibald L. Dix. Buie to open judgment entered under an ejectment clause in lease. Before Shoemaker, J. The facts are stated in the opinion of the Superior Court. The court discharged the rule to open judgment. Defendant appealed.
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Appeal, No. 122, Oct. T., 1920, by defendant, from order of O. P. No. 1, Pbila. Co., Dec. T., 1919, No. 5694, discharging rule to strike off judgment and set aside execution in the case of Clement A. Fogerty y. Archibald L. Dix. Buie to open judgment entered under an ejectment clause in lease. Before Shoemaker, J. The facts are stated in the opinion of the Superior Court. The court discharged the rule to open judgment. Defendant appealed. Error assigned was the order of the court. There was no authority in the lease to authorize the assignee thereof to enter judgment against the defendant:…
1Opinion of the Court
Opinion by
Linn, J.,
Appellant complains of the refusal to strike off the judgment in ejectment. It was entered by appellee in an amicable action, and he asserts that he was authorized so to enter it by a power providing therefor, contained in a lease executed by appellant as lessee and assigned to appellee.
Appellant contends that the power to enter judgment against him was conferred upon the lessor and was not generally assignable by the terms of the lease and that the papers on which judgment was entered show no authority in appellee to exercise the power;. that though appellee has become…
2Cases cited3 opinions
- Philadelphia v. JohnsonSupreme Court of Pennsylvania · 1904
- Philadelphia v. JohnsonSuperior Court of Pennsylvania · 1903
- Braker v. DeuserSuperior Court of Pennsylvania · 1912
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- Youghiogheny-Pittsburgh Coal Co. v. CarletSuperior Court of Pennsylvania · 1927
- Shappell v. HimelsteinSuperior Court of Pennsylvania · 1935
- Disanto v. RowlandSuperior Court of Pennsylvania · 1924
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