Lytle v. Colts
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Brie county. This ivas a writ of error taken by James Lytle to reverse a judgment alleged to have been irregularly entered against him upon a bond and warrant of attorney. The bond was dated September 25th, 1837, and contained a warrant of attorney in the usual form.
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Error to the Court of Common Pleas of Brie county. This ivas a writ of error taken by James Lytle to reverse a judgment alleged to have been irregularly entered against him upon a bond and warrant of attorney. The bond was dated September 25th, 1837, and contained a warrant of attorney in the usual form. On the back of the bond there was a statement,, signed by the parties, dated August 10th, 1853, ascertaining the amount due on the 29th July, 1852. On the 8th of March, 1855, the attorney of the plaintiff filed a narr. reciting a bond and warrant of attorney to confess judgment, endorsed: “…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, J.
The recency of the settlement of the amount due on the bond, saves it from the charge of antiquity; but, was there a valid judgment entered upon it ? Certainly not, for the record does not show a confession in any form. The maxim “ Omnia prcesumuntur,” is appealed to; but that does not apply in error to cure the very irregularity complained of, else it would vacate the principal functions of this court.
The objection below was, that there never was an appearance or confession of judgment on behalf of the defendant; and as the record shows…
2Cited by6 opinions
- Eddy v. SmileySuperior Court of Pennsylvania · 1904
- Agricultural Trust Co. v. BrubakerSuperior Court of Pennsylvania · 1920
- Weaver v. McDevittSuperior Court of Pennsylvania · 1902
- Stein v. Penncrest Construction Corp.Superior Court of Pennsylvania · 1980
- Antonelli v. SilvestriOhio Court of Appeals · 1955
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