Johnston v. Elizabeth Building & Loan Ass'n
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny county : Of October Term 1883, No. 52. This was an action of scire facias sur mortgage by the Elizabeth Building and Loan Association, to the use of G. W. Lutes and E. S. Walker, assignees for benefit of creditors of said association, against Josiah P. Johnston, with notice to Allen Williams, terre-tenant. Pleas, payment, payment with leave, set off and special matter in affidavit of defence.
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Error to the Court of Common Pleas No. 2 of Allegheny county : Of October Term 1883, No. 52. This was an action of scire facias sur mortgage by the Elizabeth Building and Loan Association, to the use of G. W. Lutes and E. S. Walker, assignees for benefit of creditors of said association, against Josiah P. Johnston, with notice to Allen Williams, terre-tenant. Pleas, payment, payment with leave, set off and special matter in affidavit of defence. On the trial, before Kirkpatrick, J., the facts appeared as follows : The Elizabeth Building and Loan Association was incorporated on June 7th 1873…
1Opinion of the Court
The opinion of the court was delivered January 7th 1884, by
Mr. Justice Paxson.
The evidence, the rejection of which forms the subject of the first assignment of error, was clearly incompetent. The tendency and object of it was to iifipeach the charter of the plaintiff corporation.' That- this cannot be done in a collateral proceeding has been so often decided, that a reference to the authorities is almost needless. It is sufficient to refer to Spahr *398v. The Bank, 13 Norris 420, which is one of the later cases. Rhoads v. Hoernerstown B. & L. Association, 1 Norris 180, has no application.
The…
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