Mollenauer v. Smith
Superior Court of Pennsylvania
Appeal, No. 43, April T., 1912, by defendant, from order of C. P. No. 1, Allegheny Co., March T., 1911, No. 75, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry Mollenauer et al. v. Harvey H. Smith.
Read the full summary
Appeal, No. 43, April T., 1912, by defendant, from order of C. P. No. 1, Allegheny Co., March T., 1911, No. 75, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry Mollenauer et al. v. Harvey H. Smith. Assumpsit on a recognizance for a stay of execution. . The material portion of the statement of claim was as follows: The said plaintiffs brought suit against one H. E. Bate-man at No. 900, July T., 1906, of this honorable court, and upon August 4, 1906, obtained a judgment against the said H. E. Bateman in said suit for the-sum of $2,747.55 in…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal from judgment for want of a sufficient affidavit of defense in an action of assumpsit on a recognizance for stay of execution on a judgment entered in favor of the plaintiffs against H. E. Bateman. The material allegations of the affidavit of defense are substantially as follows: first, that the judgment against Bateman was for the amount of promissory notes given by him,for part of a debt of a larger amount evidenced by the mortgage and accompanying bond, with confession of judgment, of Bateman to these plaintiffs, the mortgage being recorded in…
2Cases cited7 opinions
- Lomison v. Faust, Pennsylvania Court of Common Pleas, Fayette County1892
- Dollar Savings Bank v. BurnsSupreme Court of Pennsylvania · 1878
- Cock v. Bailey, Pennsylvania Court of Common Pleas, Alleghany County1892
- Greensburg Fuel Co. v. Irwin Natural Gas Co.Supreme Court of Pennsylvania · 1894
- Bradley v. Chester Valley RailroadSupreme Court of Pennsylvania · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
- White's EstateSupreme Court of Pennsylvania · 1936
- Ruzyc v. BrownSupreme Court of Pennsylvania · 1935
- Miners Sav. Bank of Pittston, Pa. v. United StatesDistrict Court, E.D. Pennsylvania · 1953
- Ellsworth Et Ux. v. HusbandSuperior Court of Pennsylvania · 1935
9 more not listed; retrieve them via the Exa API.