Legal Opinion

Smith v. Wachob

Supreme Court of Pennsylvania

Decided January 4, 1897No. Appeal, No. 183PublishedCited by 4 opinions

Appeal, No. 188, Oct. T., 1896, by defendant, J. M. Hine, from order of C. P. Indiana Co., March Term, 1894, No. 323, overruling motion to open judgment. Motion to open judgment. Before Harry White, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was order overruling motion to open judgment.

1Opinion of the Court

Opinion by

Mr. Justice Fell,

This appeal is from the order of the court of common pleas discharging a rule to open a judgment. The proceeding was irregular, and the application was without merit on the facts-The judgment was by confession, and' was entered in January, 1894. A rule to show cause why it should not be opened as to the defendant, Hine, who is the appellant here, was made absolute in June, 1894, and the issue was limited to the inquiry whether he had signed the note. There had been three trials of this issue, and at the last trial the verdict was against him. A rule for a new trial…

2Cases cited3 opinions

  1. Lord v. Ocean BankSupreme Court of Pennsylvania · 1853
  2. Carpenter v. National Bank of the RepublicSupreme Court of Pennsylvania · 1884
  3. Royer v. Keystone National BankSupreme Court of Pennsylvania · 1877

3Cited by4 opinions

  1. Birket v. ElwardSupreme Court of Kansas · 1904
  2. Schimmel v. CohenSupreme Court of Pennsylvania · 1922
  3. South Side Bank of Scranton v. RaineSupreme Court of Pennsylvania · 1932
  4. First National Bank v. Rotz, Pennsylvania Court of Common Pleas, Snyder County1925

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