Elliott ex rel. Stanard v. Callan
Supreme Court of Pennsylvania
Writ of error to- the court of common pleas of Indiana county: the plaintiff in error'was the plaintiff below. On the 8th July, 1822, the defendant James Callan, appeared in! person and confessed judgment to the plaintiff James Elliott, for the use' of Daniel Stanard, for the sum of three' hundred and thirty-six dollar^ and thirty-seven cents. — On the 26th September1, 1826, the defendant obtained a rule to shew cause why the judgment should not be opened and he let into a…
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Writ of error to- the court of common pleas of Indiana county: the plaintiff in error'was the plaintiff below. On the 8th July, 1822, the defendant James Callan, appeared in! person and confessed judgment to the plaintiff James Elliott, for the use' of Daniel Stanard, for the sum of three' hundred and thirty-six dollar^ and thirty-seven cents. — On the 26th September1, 1826, the defendant obtained a rule to shew cause why the judgment should not be opened and he let into a defence: which on the 17th March, 1827, was made absolute. Upon the trial of the cause, the plaintiff gave in evidence…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.
In the court below this was an action of debt, o» a single bill, given by James Callan to James Elliott, dated the 6th. of March, 1820, payable the 1st of July, 1822,- and equitably assigned to Daniel Stanard, the 15th of June, 1822. On the 8th July, 1822, the defendant in person confessed a judgment to the plaintiff for three hundred and thirty-six dollars and thirty-seven, cents. On the 26th September, 1826, a rule to shew cause, why the judgment should not be opened, was obtained,"which on the 17th of March, 1827, was made absolute, the…
2Cases cited2 opinions
- Wheeler v. HughesSupreme Court of the United States · 1776
- M'Mullen ex rel. Rudy v. WennerSupreme Court of Pennsylvania · 1827