Good Hope Building Ass'n v. Amweg
Superior Court of Pennsylvania
Appeal, No. 222, Oct. T., 1902, by defendants, from order of C. P. No. 2, Phila. Co., Dec. T., 1901, No. 1537, making absolute a rule to open judgment in case of Good Hope Building Association v. Frederick J. Amweg and Blanche E. Amweg. Rule to open judgment. From the record it appeared that on April 8, 1895, plaintiff entered up a judgment against the defendants, who were husband and wife, on a bond accompanying a mortgage.
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Appeal, No. 222, Oct. T., 1902, by defendants, from order of C. P. No. 2, Phila. Co., Dec. T., 1901, No. 1537, making absolute a rule to open judgment in case of Good Hope Building Association v. Frederick J. Amweg and Blanche E. Amweg. Rule to open judgment. From the record it appeared that on April 8, 1895, plaintiff entered up a judgment against the defendants, who were husband and wife, on a bond accompanying a mortgage. The rule in this case was taken by the wife to show cause why the judgment should not be opened as to her. There was nothing to show that Mrs. Amweg in signing the bond…
1Opinion of the Court
Opinion bt
Smith, J.,
There is no irregularity in the entry of the judgment in this case, nor does the warrant of attorney on which it was entered disclose any ground for impeaching it. Though it names Blanche Amweg as the wife of Frederick J. Amweg, her co-defendant, the marital relation of itself presents no reason for attacking the judgment. Since the passage of the act of J une 8, 1893, enlarging the contractual powers of married women, a judgment given by a married woman, not appearing on its face to be affected by any of the statutory exceptions to her power, is prima facie valid. She may…
2Cases cited2 opinions
- Abell v. ChaffeeSupreme Court of Pennsylvania · 1893
- Oberly v. OberlySupreme Court of Pennsylvania · 1899
3Cited by1 opinion
- Wilson v. FitzgeraldSuperior Court of Pennsylvania · 1904