Spiese v. Shee
Supreme Court of Pennsylvania
Appeal, No. 328, Jan. T., 1914, by plaintiff, from order of C. P. No. 1, Philadelphia Co., March T., 1914, No. 1805, striking off judgment in case of Franklin Spiese v. Rhoads Shee and Harry C. Dunlap and Henry C. Dunlap. Rule to strike off a judgment entered by confession upon a bond. Before Bregy, P. J. The opinion of the Supreme Court states the case. The court entered an order striking off the judgment. Plaintiff appealed.
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Appeal, No. 328, Jan. T., 1914, by plaintiff, from order of C. P. No. 1, Philadelphia Co., March T., 1914, No. 1805, striking off judgment in case of Franklin Spiese v. Rhoads Shee and Harry C. Dunlap and Henry C. Dunlap. Rule to strike off a judgment entered by confession upon a bond. Before Bregy, P. J. The opinion of the Supreme Court states the case. The court entered an order striking off the judgment. Plaintiff appealed. Error assigned was the order striking off the judgment.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
This appeal is from an order striking off a judgment. It was entered on a bond given to secure faithful performance of certain covenants of Rhoads Shee, the principal in it. The judgment was stricken off because, in the opinion of the learned court below, the averment of default filed by the appellant at the time the judgment was entered “was premature and not in violation of the conditions of the bond.”
The distinction between striking off and opening a judgment is clear and well settled. It can be stricken off only for irregularity appearing upon the face of…
2Cases cited6 opinions
- O'Hara v. BaumSupreme Court of Pennsylvania · 1876
- Johnson v. Royal InsuranceSupreme Court of Pennsylvania · 1907
- North v. YorkeSupreme Court of Pennsylvania · 1896
- Lawrence v. SmithSupreme Court of Pennsylvania · 1906
- Davidson v. MillerSupreme Court of Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Harr, SEC. of Bk. v. BernheimerSupreme Court of Pennsylvania · 1936
- Hamborsky v. Magyar Presbyterian ChurchSuperior Court of Pennsylvania · 1922
- Lansdowne Bank & Trust Co. v. RobinsonSupreme Court of Pennsylvania · 1931
- ROSE v. CohenSuperior Court of Pennsylvania · 1960
- Miller Et Ux. v. Michael Morris, Inc.Supreme Court of Pennsylvania · 1948
11 more not listed; retrieve them via the Exa API.