Bailey v. Bailey

Opinion by

Mr. Justice Stern,

This appeal arises from the refusal of the court below to open a judgment entered by confession in 1899 on a promissory note in the sum of $1,902.66, dated December 1, 1894, payable one day after date, and given by Madison Bailey, Jr., to his brother Austin L. Bailey for money loaned. This judgment was revived by scire facias proceedings in 1908, 1913, 1918, 1923, 1928, 1933, and 1938. The maker, Madison Bailey, Jr., died in 1903, the payee, Austin L. Bailey, in 1935.

There are several grounds set forth in the petition to open. One is that Austin L. ,Bailey was…