Buchanan v. Banks
Supreme Court of Pennsylvania
Appeal, No. 355, Jan. T., 1898, by defendants, from order of C. P. McKean Co., December Term, 1894, No. 216, refusing rule to open judgment. Petition for rule to open judgment. The facts appear by the opinion of the Supreme Court. Error assigned was the refusal of the rule.
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
The original judgment in this case was a judgment in ejectment, entered under an amicable action and confession upon a warrant of attorney contained in a written contract for the *517purchase of certain oil-producing property. The judgment was entered against the defendants at the instance of the plaintiff by counsel employed by him. It was not in any sense the voluntary act of the defendants, nor had they any knowledge that it was done or about to be done, until the sheriff came to them at night with a writ of hab. fac. possessionem to eject them from the possession…
2Cited by1 opinion
- Buchanan v. BanksSupreme Court of Pennsylvania · 1902