Cummins v. Hurlbutt
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Beaver county: Of October and November Term 1878, No. 21. This was the petition of Charles D. Hurlbutt to open a judgment given by said Hurlbutt to Samuel P. Cummins. The court granted a rule on plaintiff in said judgment to show cause why it should not be opened, and afterwards made the rule absolute. The •defendant then pleaded “want of consideration and fraud.”
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Error to the Court of Common Pleas of Beaver county: Of October and November Term 1878, No. 21. This was the petition of Charles D. Hurlbutt to open a judgment given by said Hurlbutt to Samuel P. Cummins. The court granted a rule on plaintiff in said judgment to show cause why it should not be opened, and afterwards made the rule absolute. The •defendant then pleaded “want of consideration and fraud.” The suit was before Stowe, P. J., of the Court of Common Pleas, No. 2, of Allegheny county. The following assignments of error and the facts set forth in the opinion of this court sufficiently…
1Opinion of the CourtJustice Mercur
We cannot say the court erred in refusing to affirm plaintiff’s eighth point. The first specification of error is not sustained. The *167second is to tlie charge of the court, stating the certainty of the evidence necessary to impeach a •written instrument for fraud.
In November 1869, defendant purchased of the plaintiff, certain lands, on which a mine of coal was opened, situate in Beaver county. In payment thereof, he conveyed to plaintiff some lands in Missouri, and others in Delaware; and gave his bond with warrant of attorney, to confess judgment, conditioned for the payment of §33,648.40,…
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