Bunnell v. Kintner
Superior Court of Pennsylvania
Appeal, No. 12, Jan. T., 1905, by plaintiff, from judgment of C. P. Luzerne Co., June T., 1901. No. 60, on verdict for defendant in case of James L. Bunnell v. Julius A'. Kintner. ■Rule to open judgment; Issue to determine the validity of a judgment. Before Lynch, P. J: At the trial the court admitted in evidence the judgment note in controversy notwithstanding the ■ objection of the defendant that the note' showed material alterations on its face. Plaintiff then rested.
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Appeal, No. 12, Jan. T., 1905, by plaintiff, from judgment of C. P. Luzerne Co., June T., 1901. No. 60, on verdict for defendant in case of James L. Bunnell v. Julius A'. Kintner. ■Rule to open judgment; Issue to determine the validity of a judgment. Before Lynch, P. J: At the trial the court admitted in evidence the judgment note in controversy notwithstanding the ■ objection of the defendant that the note' showed material alterations on its face. Plaintiff then rested. The defendant offered'testimony to establish the alterations. George A. Transue was then called in rebuttal by defendant,…
1Opinion of the Court
Opinion by
Porter, J.,
There may be a doubt as to the right of the plaintiff to question the manner of the exercise of the discretion of the court below in opening the judgment by confession, and in the same appeal assign for error the rulings of the court at the jury trial, which resulted in a verdict and judgment in favor of the defendant. The appellee has not, however, challenged that right, and, as the case must go back for a new trial, the preliminary question may now be settled. After a full and careful consideration of the depositions, the contemporaneous correspondence and contracts of…
2Cases cited5 opinions
- Citizens National Bank of Baltimore v. WilliamsSupreme Court of Pennsylvania · 1896
- Clark v. EcksteinSupreme Court of Pennsylvania · 1854
- Harbaugh v. ButnerSupreme Court of Pennsylvania · 1892
- Wheeler v. AhlersSupreme Court of Pennsylvania · 1899
- Sunday v. DietrichSuperior Court of Pennsylvania · 1901