Sweesey v. Kitchen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875, No. 167. The record of the court below showed as follows :— “ Cyrus Kitchen & Co. v. ■Jefferson Sweesey. ] >No. 494 November Term 1874. . J “November 20th 1874. By virtue of a power of attorney, Pearson Church appears for the defendant and confesses judgment against him for one thousand and ten dollars and fifty-five cents.”
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Error to the Court of Common Pleas of Crawford county: Of October and November Term 1875, No. 167. The record of the court below showed as follows :— “ Cyrus Kitchen & Co. v. ■Jefferson Sweesey. ] >No. 494 November Term 1874. . J “November 20th 1874. By virtue of a power of attorney, Pearson Church appears for the defendant and confesses judgment against him for one thousand and ten dollars and fifty-five cents.” On the 5th of April 1875, rule was granted to show cause why judgment should not be opened and the defendant let into a defence. Testimony was taken under the rule. On the 21st of…
1Opinion of the CourtChief Justice Agnew
There was a regular judgment in this case by the confession of an attorney at law; an officer of the court authorized generally to act for parties and in their stead. He may be called on to file his warrant of attorney. If it be entirely wanting in a power to appear and confess the judgment, the court in order to effectuate justice may strike off. the judgment, especially if the attorney be insolvent or otherwise irresponsible. But the setting aside of a judgment is a matter of sound discretion on the facts, and a refusal to do so is not in itself the subject of a writ of error. The writ lies…
2Cited by6 opinions
- Oleon v. Rosenbloom & Co.Supreme Court of Pennsylvania · 1915
- William B. Rambo B. & L. Ass'n v. DragoneSupreme Court of Pennsylvania · 1931
- Southern Pacific Co. v. United StatesUnited States Court of Claims · 1893
- Landow v. BailingerSupreme Court of Pennsylvania · 1933
- Marcus v. Kleinman, Pennsylvania Court of Common Pleas, Dauphin County1926
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