Legal Opinion

International Harvester Co. of America v. Miller

Superior Court of Pennsylvania

Decided October 14, 1912No. Appeal, No. 245PublishedCited by 7 opinions

Appeal, No. 245, Oct. T., 1910, by defendant, from order of C. P. Centre Co., May T., 1907, No. 32, dismissing petition for rule to open judgment in case of International Harvester Company of America v. Mollie Miller. Petition for rule to open judgment.

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Appeal, No. 245, Oct. T., 1910, by defendant, from order of C. P. Centre Co., May T., 1907, No. 32, dismissing petition for rule to open judgment in case of International Harvester Company of America v. Mollie Miller. Petition for rule to open judgment. The petition was as follows: The petition of Molly Miller, the above-named defendant, respectfully shows: That the judgment is entered upon a note bearing date March 7, 1907, containing a warrant of attorney to confess judgment, and an execution was placed in the hands of the sheriff on September 27, 1910, by virtue of which he levied upon…

1Opinion of the Court

Opinion by

Orlady, J.,

On March 11, 1907, a judgment was entered against the defendant on a note, under seal, for the sum of $250. On September 28, 1910, an execution was issued on this judgment, and on October 15, following, a petition was presented to the court for a rule to show cause why it should not be opened and the defendant be permitted to make defense thereto. Upon consideration by the court of the petition, and without an answer being filed, *328the prayer for the rule was refused. Under the Act of April 4, 1877, P. L. 53, 2 Stewart’s Purdon, 1437, a party aggrieved by the decision of…

2Cases cited11 opinions

  1. Shannon v. CastnerSuperior Court of Pennsylvania · 1902
  2. Cochran v. EldridgeSupreme Court of Pennsylvania · 1865
  3. Woodward v. CarsonSupreme Court of Pennsylvania · 1904
  4. Jones v. ScottSupreme Court of Pennsylvania · 1904
  5. Seagrave v. LacySuperior Court of Pennsylvania · 1905

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3Cited by7 opinions

  1. McFadden v. Pennzoil CompanySupreme Court of Pennsylvania · 1937
  2. Carducci v. Albright Galleries, Inc.Superior Court of Pennsylvania · 1976
  3. Horning v. DavidSuperior Court of Pennsylvania · 1939
  4. Liberty National Bank v. DegillioSupreme Court of Pennsylvania · 1962
  5. Oppenheimer v. ShapiroSuperior Court of Pennsylvania · 1948

2 more not listed; retrieve them via the Exa API.

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