Cannell v. Crawford County
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Orawford county: No. 17, to October and November Term 1868. In tbe court below a judgment was entered on tbe 23d of January 1866, in favor of tbe county of Crawford against Charles Cannell and F. W. Ames] and five others, bis sureties, for $10,564.08, on a bond with warrant of attorney, dated April 29th 1865. On tbe record of tbe judgment was marked “ Credit $4519.75.” On tbe 14th of January 1867 a rule to open tbe judgment was made…
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Error to tbe Court of Common Pleas of Orawford county: No. 17, to October and November Term 1868. In tbe court below a judgment was entered on tbe 23d of January 1866, in favor of tbe county of Crawford against Charles Cannell and F. W. Ames] and five others, bis sureties, for $10,564.08, on a bond with warrant of attorney, dated April 29th 1865. On tbe record of tbe judgment was marked “ Credit $4519.75.” On tbe 14th of January 1867 a rule to open tbe judgment was made absolute, and tbe defendants, by direction of tbe court, pleaded “payment with leave to give tbe special matters in…
1Opinion of the Court
The opinion of the court was delivered, November 9th 1868, by
Thompson, C. J.
The 1st assignment of error on this record is upon the admission in evidence of the bond to the county of Crawford, of the defendants below, now plaintiffs in error, because of numerous erasures and interlineations on its face, unexplained. This would be a sound objection if its execution were denied by plea. But that is not the case. The plea is “ payment with leave to give the special matters in evidence.” The judgment which had been entered on this bond, by virtue of a warrant of attorney, was opened on the terms…
2Cited by3 opinions
- State v. . BrownSupreme Court of North Carolina · 1942
- State v. BrownSupreme Court of North Carolina · 1942
- McGowan v. KnittelCourt of Appeals for the Third Circuit · 1905