Arbuckles & Co. v. Cloughley
Superior Court of Pennsylvania
Appeal, No. 142, April T., 1916, by defendant, from order of C. P. Beaver Co., Sept. T., 1914, No. 271, discharging rule to open judgment in case of Arbuckles & Company v. Robert W. Cloughley, Administrator of Isabella Marshall, deceased, and Alexander Marshall. Rule to open judgment. Holt, P. J., filed the following opinion: The defendant, Isabella Marshall, has made an application to open the judgment and let her into a defense.
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Appeal, No. 142, April T., 1916, by defendant, from order of C. P. Beaver Co., Sept. T., 1914, No. 271, discharging rule to open judgment in case of Arbuckles & Company v. Robert W. Cloughley, Administrator of Isabella Marshall, deceased, and Alexander Marshall. Rule to open judgment. Holt, P. J., filed the following opinion: The defendant, Isabella Marshall, has made an application to open the judgment and let her into a defense. A reading of the testimony will disclose that she delayed the matter of making application to open the judgment for several years after she had knowledge of its…
1Opinion of the Court
Opinion by
Orlady, P. J.;
On July 31,1909, a judgment was entered in the Court of Common Pleas of Beaver ^County, in favor of Arbuckles and Company, against Isabella Marshall and Alexander Marshall, founded on a warrant of attorney in a note dated July 9, 1909, signed by Alexander Marshall, find the name of Mrs. Isabella Marshall and her mark X. The undisputed testimony in the case shows that the name of Isabella Marshall was written by Eliza Sproul, her daughter, who at the request of Alexander Marshall, signed the name Mrs. Isabella Marshall, and her own name as a witness, but refused on his…
2Cases cited4 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Ilyus v. BuchSupreme Court of Pennsylvania · 1907
- Jacobosky v. ZborowjanSuperior Court of Pennsylvania · 1911
- Roenigk's AppealsSupreme Court of Pennsylvania · 1886