Herman v. Rinker
Supreme Court of Pennsylvania
Error to the Court of Common Picas of Wyoming county: Of January Term, 1884, No. 138. Judgment was entered by John C. Herman, administrator of George Sinker, deceased, against John W. Sinker and Abraham Sinker, Senior, on a judgment note of which the following is a copy: $1,000. Wyoming, Pa., July 1,1867. Five years after date for value received I promise to pay George Sinker or order the sum of one thousand dollars and-cents with interest without stay of execution.
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Error to the Court of Common Picas of Wyoming county: Of January Term, 1884, No. 138. Judgment was entered by John C. Herman, administrator of George Sinker, deceased, against John W. Sinker and Abraham Sinker, Senior, on a judgment note of which the following is a copy: $1,000. Wyoming, Pa., July 1,1867. Five years after date for value received I promise to pay George Sinker or order the sum of one thousand dollars and-cents with interest without stay of execution. And I, 7^Sy por cent, interest, hereby confess judgment for said sum with interest and cost of entry. And I also hereby waive…
1Opinion of the CourtJustice Paxson
The judgment in this case was entered by virtue of a warrant of attorney against two of the three makers of a promissory note. The third was dead when the judgment was entered, and as to him the warrant was a nullity. The note was not under seal, was dated July 1, 1867, and the judgment was entered August 15, 1881, without a compliance with the rule of court, which requires an application to the court in term time, or to a judge in vacation for leave to enter judgment where the warrant is over ten and under twenty years old, which application must be founded upon an affidavit of the due…
2Cases cited3 opinions
- Shock v. M'ChesneySupreme Court of Pennsylvania · 1808
- Boggs v. BardSupreme Court of Pennsylvania · 1828
- Ekel v. SnevilySupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Woods v. IrwinSupreme Court of Pennsylvania · 1891
- Com., for Use v. PerrySupreme Court of Pennsylvania · 1938
- Severance v. Heyl & PattersonSuperior Court of Pennsylvania · 1934
- Bates v. CullumSupreme Court of Pennsylvania · 1894