Legal Opinion

Huppert v. Huppert

Supreme Court of Pennsylvania

Decided April 12, 1909No. Appeal, No. 363PublishedCited by 3 opinions

Appeal, No. 363, Jan. T., 1908, by defendant, from order of C. P. Schuylkill Co., July T., 1899, No. 319, discharging rule to open judgment in case of Annie P. Huppert v. Charles Huppert. Rule to open judgment. Before Marr, P. J. The opinion of the Supreme Court states the case. Error assigned was order discharging rule to open judgment.

1Opinion of the Court

Per Curiam,

On June 12, 1899, the appellant executed and delivered to his wife a judgment note for $1,294.66, which, on the following day, was entered in the court of common pleas of Schuylkill county. In 1908, after a sci. fa. had been issued to revive it, he presented his petition to the court below, asking that it be opened, on the ground that it had been fraudulently obtained from him and had been executed and delivered to his wife without any consideration. To this an answer was filed by the appellee, now the divorced wife of the appellant, denying the allegation of the fraudulent…

2Cases cited2 opinions

  1. Cloud v. MarkleSupreme Court of Pennsylvania · 1898
  2. Cruzan v. HutchisonSupreme Court of Pennsylvania · 1904

3Cited by3 opinions

  1. Ferguson v. O'HaraSupreme Court of Pennsylvania · 1926
  2. Hallgarten & Co. v. SchwingSupreme Court of Pennsylvania · 1936
  3. Snyder v. Arnold, Pennsylvania Court of Common Pleas, Montour County1939

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