Knox v. Flack
Supreme Court of Pennsylvania
Error to the Common Pleas of Washington county. On the 23d October, 1849, there was filed in the prothonotary’s office a bond, dated 8th October, 1849, signed by John Knox, junior, promising to pay to Samuel Flack, or order, $1200 for value received, with an authority to the prothonotary to enter judgment for the same.
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Error to the Common Pleas of Washington county. On the 23d October, 1849, there was filed in the prothonotary’s office a bond, dated 8th October, 1849, signed by John Knox, junior, promising to pay to Samuel Flack, or order, $1200 for value received, with an authority to the prothonotary to enter judgment for the same. On the 19th May, 1851, on part of the defendant, was obtained a rule to show cause why the judgment should not be stricken from the record, or opened, and a feigned issue formed to try its validity. In the petition or bill filed it was, inter alia, stated that the defendant was…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
This is a judgment entered on a warrant of attorney against a minor, and the Court below refused to set it aside, and hence this writ. It is of no manner of importance what were the circumstances under which the bond was given, for the warrant is clearly void, and the judgment ought to have been vacated on the infancy being shown: 1 H. Bl. 75; 18 Eng. C. L. R. 209, n.; 30 Id. 362; 4 Mees. & W. 650; 2 W. Bl. 1133; 6 Cowen 393; just as the warrant of attorney of a married woman is void; 9 State Rep. 14; 18 Id. 79; 3 Whart. 309; 2 Camp. 272; 4…
2Cases cited3 opinions
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- Century Credit Co. v. JONESSuperior Court of Pennsylvania · 1961
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