Schultz v. Rudman

Opinion by

Porter, J.,

The judgments from which we have these appeals were entered upon warrants of attorney contained in promissory notes. The court below discharged rules to open the judgments and the defendant appeals. The questions presented in the appeals are identical, the cases were argued together, and may properly be disposed of by a single opinion.

The affidavits of the defendant, in the respective judgments, upon which the rules to open the judgments were entered, admitted the execution of the notes, but averred that they had been given as collateral to secure the plaintiff against…