Hamborsky v. Magyar Presbyterian Church
Superior Court of Pennsylvania
Appeal, No. 38, March T., 1922, by defendant, from judgment of C. P. Lackawanna Co., June T., 1921, No. 307, refusing to make absolute rule to show cause why judgment should not be stricken off, in the case of Rev. Julius Hamborsky v. Magyar Presbyterian Church. Rule to strike off judgment.
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Appeal, No. 38, March T., 1922, by defendant, from judgment of C. P. Lackawanna Co., June T., 1921, No. 307, refusing to make absolute rule to show cause why judgment should not be stricken off, in the case of Rev. Julius Hamborsky v. Magyar Presbyterian Church. Rule to strike off judgment. Before Newcomb, J. Judgment was entered as by confession upon an instrument whereof the following is a copy: “$1169.50 May 3, Scranton, Pa., 1921. “On demand after date I promise to pay to the order of Rev. Julius Hamborsky “Eleven Hundred sixty nine and 50/100 Dollars Without defalcation, value received,…
1Opinion of the Court
Opinion by
Linn, J.,
This is an appeal from the refusal to strike off a judgment. It was entered by confession in an informal instrument of which a copy appears in the reporter’s statement of the case. On defendant’s petition to strike off the judgment, the court granted a rule to show cause. An answer was filed by the plaintiff. The case was heard on petition and answer. Instead of discharging the rule or making it absolute, the learned court converted it into a motion to open the judgment as appears by the following order made: “The rule to show cause is accordingly modified to stand as a…
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