Wernet's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 292. Appeal of Robert Means, committee of A. A. Wernet, a lunatic, from a decree of the court discharging a rule to show cause why a judgment entered by confession on a warrant of attorney should not be opened and the committee of defendant allowed to make defence. In 1875 Wernet came to Allegheny county from Australia, where he had been residing for a number of years.
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Appeal from the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 292. Appeal of Robert Means, committee of A. A. Wernet, a lunatic, from a decree of the court discharging a rule to show cause why a judgment entered by confession on a warrant of attorney should not be opened and the committee of defendant allowed to make defence. In 1875 Wernet came to Allegheny county from Australia, where he had been residing for a number of years. About the same time, there arrived, sent to a Mr. Scully, of Pittsburgh, the exemplification of a record of the Supreme…
1Opinion of the CourtJustice Mercur
*321This is an appeal from the refusal of the court to open a judgment entered against Wernet by confession. The affidavit on which the rule to show cause was granted alleged lunacy of Wernet, and 'that the judgment ivas wholly without consideration. On the hearing, no evidence was given tending to show want of consideration, but it all related to the question of lunacy. The judgment was confessed and entered on the 16th September 1875.
The appellant gave in evidence the record of an inquisition taken at Pittsburgh, on the 3d of May 1878, which found Wernet was then a lunatic, and had been so for…
2Cited by11 opinions
- Mielcuszny Et Ux. v. Rosol (Et Ux.)Supreme Court of Pennsylvania · 1934
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Augustine v. WolfSupreme Court of Pennsylvania · 1906
- Blauvelt v. KemonSupreme Court of Pennsylvania · 1900
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