Kalbach ex rel. Reber v. Fisher
Supreme Court of Pennsylvania
■ From the record of this case,' returned on a writ of error to the Court of Common Pleas oí Berks county, it appeared, that on the 12th of .April, 1820, a judgment was entered'in that court bn a ' warrant of attorney in favour of JohnKalbach, for the use of Conrad Reber, against Michael Fisher, for one thousand two hundred and eighteen dollars and thirty-two cents.
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■ From the record of this case,' returned on a writ of error to the Court of Common Pleas oí Berks county, it appeared, that on the 12th of .April, 1820, a judgment was entered'in that court bn a ' warrant of attorney in favour of JohnKalbach, for the use of Conrad Reber, against Michael Fisher, for one thousand two hundred and eighteen dollars and thirty-two cents. A Scire Facias to revive the judgment, and _Quare executio non having issued, judgment was entered thereon, by.consent, on the' 2d of November, 1825. ■On the 13th oí August, 1827, a rule was granted to show cause why the original…
1Opinion of the CourtRogers, J.
(after stating the case,), delivered the opinion of the court as follows:—
There are many cases in which writs of error do not lie, frorii the decisions of Courts,of Common Pleas, such as granting or refusing a new trial, opening or refusing to open á judgment, and motions of various kinds, in which parol evidence is heard, without placing it on the record. Ordroneaux v. Prady, 6 Serg. & Rawle, 512. The power of the Court of Common Pleas, in relation to opening judgments, is most ample, and policy requires that itshould ■ be liberally used, otherwise great and manifest injustipe would be *324the…
2Cases cited1 opinion
- Gorgas v. DouglasSupreme Court of Pennsylvania · 1821
3Cited by12 opinions
- Fisher v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1898
- Zeigler's PetitionSupreme Court of Pennsylvania · 1903
- Cochran v. EldridgeSupreme Court of Pennsylvania · 1865
- Knox v. FlackSupreme Court of Pennsylvania · 1853
- Hambleton v. YocumSupreme Court of Pennsylvania · 1885
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