Legal Opinion

Buchanan v. Banks

Supreme Court of Pennsylvania

Decided October 13, 1902No. Appeal, No. 74PublishedCited by 4 opinions

Appeal, No. 74, Jan. T., 1902, by defendant, from judgment of C. P. McKean Co., Dec. T., 1894, No. 216, on verdict for plaintiff, in case of P. O. Buchanan v. John Banks and Rebecca B. Pierce (now intermarried with N. Wilson). Ejectment for lands in Bradford township. ‘ Before Mobbisson, P. J. At the trial it appeared that on December 1,1894, judgment was entered under an amicable action and confession upon a warrant of attorney contained in a written contract for the…

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Appeal, No. 74, Jan. T., 1902, by defendant, from judgment of C. P. McKean Co., Dec. T., 1894, No. 216, on verdict for plaintiff, in case of P. O. Buchanan v. John Banks and Rebecca B. Pierce (now intermarried with N. Wilson). Ejectment for lands in Bradford township. ‘ Before Mobbisson, P. J. At the trial it appeared that on December 1,1894, judgment was entered under an amicable action and confession upon a warrant of attorney contained in a written contract for the purchase of land. It appeared that the judgment was entered without the knowledge of defendants and was not their voluntary…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

When this case was under consideration by this court in Buchanan v. Banks, 192 Pa. 516, Justice Green reviewed the case in detail, and specifically pointed out that as a result of the action of the court below “ up to this moment the appellant has never had a hearing in a court upon the merits of her case.” And he further pointedly said: “ And so it has come to pass that a litigant with an undoubted right to be heard concerning her grievences has been denied all hearing; she has never yet been heard; worse than all else, she has in all the proceedings subsequent…

2Cases cited1 opinion

  1. Buchanan v. BanksSupreme Court of Pennsylvania · 1899

3Cited by4 opinions

  1. Scharf v. Richard De Cou Co.Supreme Court of Pennsylvania · 1936
  2. Hudson v. LaytonCourt of Chancery of Delaware · 1919
  3. Hoffman v. HafnerSupreme Court of Pennsylvania · 1905
  4. Arnold v. Edlis Barber Supply Co., Pennsylvania Court of Common Pleas, Alleghany County1925

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