Wilson v. Fitzgerald
Superior Court of Pennsylvania
Appeal, No. 73, April T., 1904, by defendant, from order of C. P. Armstrong Co., March T., 1903, No. 106, discharging rule to open judgment in case of J. Porter Wilson v. Ella S. J. Fitzgerald. Rule to open judgment. Before Galbreath, P. J., specially presiding. The opinion of the Superior Court states the case. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Smith, J.,
This appeal by the defendant from the refusal of the court below to open a judgment entered on the judgment note of the defendant, a married woman, questions, in effect, the power of the court to make the decree. The execution of the note upon which the judgment was entered is admitted; and it may be found from the testimony taken under the rule, that the note was given on the purchase of a mare theretofore owned by the defendant’s husband, and kept on the place then occupied by them ; and not until payment was demanded here by execution against herself was this defense of…
2Cases cited3 opinions
- George P. Steel Iron Co. v. JacobsSuperior Court of Pennsylvania · 1898
- Fryberger v. MotterSuperior Court of Pennsylvania · 1904
- Good Hope Building Ass'n v. AmwegSuperior Court of Pennsylvania · 1903