Lamb's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Bradford county: Of January Term 1879. No. 159. Appeal of Harrison Lamb from the order of the court refusing to open a judgment on the ground of usury. On November 9th 1864, Lamb gave to J. P. Kirby his promissory note for $510.30, wherein was a confession of judgment for that amount and a waiver of inquisition and exemption.
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Appeal from the Court of Common Pleas of Bradford county: Of January Term 1879. No. 159. Appeal of Harrison Lamb from the order of the court refusing to open a judgment on the ground of usury. On November 9th 1864, Lamb gave to J. P. Kirby his promissory note for $510.30, wherein was a confession of judgment for that amount and a waiver of inquisition and exemption. Judgment was entered thereon to December term 1866. This judgment was revived by amicable scire facias on January 4th 1870, and it was agreed therein that it was revived for $510.30. ■ It was again revived by amicable scire facias…
1Opinion of the Court
Mr, Justice Mercuu
delivered the opinion of the court, May 7th 1879.
This is an appeal from a decision of the court refusing to open a series of judgments on the ground of usury. The original judgment was entered to December Term 1866. It was first revived by amicable scire facias to February Term 1870, and again in like manner to February Term 1875.
Prior to the Act of 4th April 1877, it was well settled that the question of opening a judgment rested in the discretion of the court in which it was rendered. No appeal from its action would lie to this court; nor could we review it on writ of…
2Cases cited2 opinions
- Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
- Ramsey v. FlemingSupreme Court of Pennsylvania · 1828
3Cited by2 opinions
- Gaskill v. CrawfordSupreme Court of Pennsylvania · 1889
- Kerr v. WonderlichSupreme Court of Pennsylvania · 1887