Kneedler's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1879, No. 27. Appeal of Solomon A. Kneedler, from the decree of the court discharging a rule to show cause why a judgment .entered upon his bond and warrant of attorney should not be opened on the ground that the defendant was a lunatic when he executed said warrant.
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Appeal from the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1879, No. 27. Appeal of Solomon A. Kneedler, from the decree of the court discharging a rule to show cause why a judgment .entered upon his bond and warrant of attorney should not be opened on the ground that the defendant was a lunatic when he executed said warrant. It appeared that Kneedler owned certain premises on the west side of Second street above Susquehanna avenue, in the city of Philadelphia, which were subject to a mortgage of $3000. He also owned property on the east side of said street which was…
1Opinion of the Court
The judgment of the Supreme Court was entered January 19th 1880,
2Per curiam
The motion in the court below to open the judgment and let the defendant into a defence on the ground of alleged insanity, when the bond and warrant were executed, was an appeal to the equitable powers of the court. The question is, did the court, in the exercise of a sound discretion, discharge the w&? The appellant had no equity. He acted by the advice of counsel, received the consideration, and it was prudently applied to the payment of his undisputed debts. Neither the conveyancer who negotiated the mortgage nor his own…
3Cited by9 opinions
- Mielcuszny Et Ux. v. Rosol (Et Ux.)Supreme Court of Pennsylvania · 1934
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- General Casmir Pulaski Building & Loan Ass'n v. Provident Trust Co.Supreme Court of Pennsylvania · 1940
- State Camp of Penna. of Patriotic Sons of America v. KelleySupreme Court of Pennsylvania · 1920
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