Fritz v. Horten
Supreme Court of Pennsylvania
Appeal, No. 40, Oct. T., 1913, by William M. Craig, terre tenant, from order of C. P.. Allegheny Co., Oct. T., 1912, D. S. B. No. 794, refusing to .open or strike off a judgment in case of R. M. Fritz, now for use of Ella McK. Fritz, v. Joseph Horten and Gertrude Horten. Petition for rule to open or strike off a confessed judgment. Before Macfaelane, J. The opinion of the Supreme Court states the facts. The court refused the petition.
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Appeal, No. 40, Oct. T., 1913, by William M. Craig, terre tenant, from order of C. P.. Allegheny Co., Oct. T., 1912, D. S. B. No. 794, refusing to .open or strike off a judgment in case of R. M. Fritz, now for use of Ella McK. Fritz, v. Joseph Horten and Gertrude Horten. Petition for rule to open or strike off a confessed judgment. Before Macfaelane, J. The opinion of the Supreme Court states the facts. The court refused the petition. Petitioner appealed.' . Error assigned was in refusing the petition.
1Opinion of the Court
Pee Curiam,
This appeal is from an order refusing a rule to open or strike off a judgment entered on a bond by virtue of a warrant of attorney. The bond was given by the defendants to R. M. Fritz, and was made payable to him or to his. certain attorney, executors, administrators or assigns. The warrant of attorney authorized and empowered any attorney to confess judgment against the obligors, with or without declaration, with costs of suit, release of errors, &c., but named no one in whose favor judgment might be confessed. The bond passed by assignment to Ella M. Fritz, who was named in the…
2Cases cited3 opinions
- Cooper v. ShaverSupreme Court of Pennsylvania · 1882
- Champlin v. SmithSupreme Court of Pennsylvania · 1894
- Vietor v. JohnsonSupreme Court of Pennsylvania · 1892
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- Ankeny, Admr. v. LohrSuperior Court of Pennsylvania · 1930
- Colona v. Parksley National BankSupreme Court of Virginia · 1917
- Gluck v. Polakoff, Pennsylvania Court of Common Pleas, Philadelphia County1932
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