Hauer's Appeal
Supreme Court of Pennsylvania
THIS was an appeal by Jacob Hauer from the decree of the District Court of the city and county of Lancaster. ■Leonard Neigley, Jun., executed a bond to Jacob Hauer, with a warrant of attorney to confess judgment, dated the 25th January 1842, in the penal sum of $3070, conditioned for the payment of $1535 in ten days with interest.
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THIS was an appeal by Jacob Hauer from the decree of the District Court of the city and county of Lancaster. ■Leonard Neigley, Jun., executed a bond to Jacob Hauer, with a warrant of attorney to confess judgment, dated the 25th January 1842, in the penal sum of $3070, conditioned for the payment of $1535 in ten days with interest. By the warrant of attorney, he authorized and empowered John Montgomery, or any attorney of the Court of Common Pleas of Lancaster county “ to appear and confess judgment for the said sum, in said court as of any time or term, hereby releasing all errors,” &c. ' On…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The principle at present involved, was so fully discussed in Ulrich v. Voneida, (1 Penn. Rep. 250), and in Campbell v. Kent, (3 Penn. Rep. 72), that little more remains than to say, that the decision in the first of those cases, was an unexpected departure from a beaten track, for which it would be difficult to. account. Take it, as there assumed by the majority, that a terretenant is so far a stranger to a judgment against his vendor as to be incompetent to reverse it directly for error, yet it follows not, that he may abate it…
2Cases cited2 opinions
- Lewis v. SmithSupreme Court of Pennsylvania · 1815
- Martin v. RexSupreme Court of Pennsylvania · 1820
3Cited by22 opinions
- Martin v. JuddIllinois Supreme Court · 1871
- Glass v. GilbertSupreme Court of Pennsylvania · 1868
- McDonald v. SimcoxSupreme Court of Pennsylvania · 1881
- Davidson v. ThorntonSupreme Court of Pennsylvania · 1847
- Knabb's AppealSupreme Court of Pennsylvania · 1849
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