Hanhauser v. Pennsylvania & New England Railroad
Supreme Court of Pennsylvania
Appeal, No. 390, Jan. T., 1907, by defendant, from order of C. P. No. 3, Phila. Co., March T., 1887, No. 147, discharging rule to open judgment in case of George Hanhauser, Administrator of the Estate of James Clarke, deceased, v. Pennsylvania & New England Railroad Company. Rule to open judgment.
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Appeal, No. 390, Jan. T., 1907, by defendant, from order of C. P. No. 3, Phila. Co., March T., 1887, No. 147, discharging rule to open judgment in case of George Hanhauser, Administrator of the Estate of James Clarke, deceased, v. Pennsylvania & New England Railroad Company. Rule to open judgment. The appellee moved to quash the appeal for the following reasons: 1. Because the discharge of the rule taken to open judgment was entered by the court below on July 3, 1907, and the certiorari from the supreme court was not brought into the prothonotary’s office until December 18, 1907, and the…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The judgment which the court below refused to open was against five terre-tenants, to whose rights, franchises, property and assets the appellant succeeded. The order discharging the rule to open the judgment was made July 3,1907, and the certiorari sur this appeal wits filed in the court below December 18, 1907, within six calendar months from the discharge of the rule. After six months had expired from the refusal to open the judgment the appellant filed its bond on this ap*243peal. ■ We cannot tell from the printed docket entries when it was approved by the court…
2Cases cited5 opinions
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