Fifth Avenue Building & Loan Ass'n v. Goldberg
Superior Court of Pennsylvania
Appeal, No. 126, April T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1900, No. 124, on verdict for plaintiff, in case of Fifth Avenue Building & Loan Association v. Joseph Goldberg, Impleaded with Augusta Goldberg. Issue to determine liability on judgment. Before Stowe, P. J. At the trial the defendant offered as a defense a discharge in bankruptcy.
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Appeal, No. 126, April T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1900, No. 124, on verdict for plaintiff, in case of Fifth Avenue Building & Loan Association v. Joseph Goldberg, Impleaded with Augusta Goldberg. Issue to determine liability on judgment. Before Stowe, P. J. At the trial the defendant offered as a defense a discharge in bankruptcy. It 'appeared that the judgment in question had been entered on a bond accompanying a mortgage given by defendant and his wife. Counsel for defendant offered in evidence the record in bankruptcy calling attention in…
1Opinion of the Court
Opinion by
Orlady, J.,
On October 30,1900, a judgment in favor of plaintiff against the defendants was regularly entered in the court below. On November 24, 1900, a rule was granted to show cause why the judgment entered against Joseph Goldberg should not be opened and he let into a defense, which rule, after hearing, *199was made absolute. On the trial the plaintiff offered in evidence, without objection, a judgment bond, with accompanying mortgage, from Augusta and Joseph Goldberg to the plaintiff association—the mortgage being duly recorded, and the judgment bond filed to No. 124, December term,…