Meyers & Joly v. Freiling
Superior Court of Pennsylvania
Appeal, No. 138, Oct. T., 1922, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T. 1921, No. 6079, discharging rule to strike'off judgment in the case of Charles J. Meyers and C. Harold Meyers, trading as Meyers and Joly v. Johanna Freiling, Rule to strike off judgment. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed.
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Appeal, No. 138, Oct. T., 1922, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T. 1921, No. 6079, discharging rule to strike'off judgment in the case of Charles J. Meyers and C. Harold Meyers, trading as Meyers and Joly v. Johanna Freiling, Rule to strike off judgment. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed. Error ,assigned was the order and judgment of the court discharging rule to strike off judgment.
1Opinion of the Court
Opinion by
Henderson, J.,
This case comes up on an appeal from the refusal of the court to strike off a judgment entered by the prothonotary on an instrument containing a warrant of attorney t’o confess judgment. The authority to enter judgment on such warrant is found in the Act of February 24, 1806, which makes it the duty of a prothonotary on the application of the holder of a bond or other instrument containing a warrant of attorney t’o confess judg ment, “to enter judgment against the person or persons, who executed the same for the amount, which, from the face of the instrument, may…
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