Martin v. Kline
Supreme Court of Pennsylvania
Appeal, No. 147, Jan. T., 1893, by plaintiff, Adam H. Martin, for use of Dr. J. F. Thompson, from judgment of C. P. Perry Co., Aug. T., 1889, No. 168, on verdict for defendants, John L. Kline and George L. Kline. Issue to determine validity of judgment. Before Lyons, P. J. The note, by order of court, was to stand for plaintiff’s statement. Defendant pleaded payment and payment with leave.
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Appeal, No. 147, Jan. T., 1893, by plaintiff, Adam H. Martin, for use of Dr. J. F. Thompson, from judgment of C. P. Perry Co., Aug. T., 1889, No. 168, on verdict for defendants, John L. Kline and George L. Kline. Issue to determine validity of judgment. Before Lyons, P. J. The note, by order of court, was to stand for plaintiff’s statement. Defendant pleaded payment and payment with leave. At the trial it appeared that the judgment in question had been entered on a judgment note given by defendants to Adam PI. Martin in payment for a tract of land in Kentucky. Defendants claimed that they…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
We find no substantial error in the action of the court below in opening the judgment in this case, and directing an issue to determine the right of the plaintiff to recover upon the note on which the judgment was entered. Three questions were raised *482on the rule to open judgment, and were to be determined by the issue. It would be better practice, and tend to a more intelligent determination of the issue in such cases, if the questions to be decided by the jury were incorporated into the order and required to be answered separately by the jury in their verdict.…
2Cited by8 opinions
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- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
- Williams v. NotopolosSupreme Court of Pennsylvania · 1918
- Bowman v. BerkeySupreme Court of Pennsylvania · 1918
- Keller v. CohenSupreme Court of Pennsylvania · 1907
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