Cake v. Cake
Supreme Court of Pennsylvania
Appeal, No. 66, July T., 1894, by defendant, Joseph W. Cake, from order of C. P. Northumberland Co., May T., 1891, No. 281, discharging rule to open judgment. Rule to open judgment. The following opinion was filed by Savidge, P. J. .- “ Judgment was entered by virtue of a confession in a judgment note dated April 13, 1881. As legatee of his wife, Minnie E., J. A. Cake is owner of the judgment and it has been marked to his use.
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Appeal, No. 66, July T., 1894, by defendant, Joseph W. Cake, from order of C. P. Northumberland Co., May T., 1891, No. 281, discharging rule to open judgment. Rule to open judgment. The following opinion was filed by Savidge, P. J. .- “ Judgment was entered by virtue of a confession in a judgment note dated April 13, 1881. As legatee of his wife, Minnie E., J. A. Cake is owner of the judgment and it has been marked to his use. Minnie E. Cake died in 1890 and the judgment was entered in 1891. “ The note was given to secure money borrowed by the defendant, in 1881, with which to purchase and…
1Opinion of the Court
Per Curiam,
This appeal is from the decree discharging the rule to show cause why the judgment should not be opened and the defendant let in to a defence. Our examination of the record has led us to the conclusion that there is nothing in either of the specifications of error that would justify a reversal. The learned president of the common pleas rightly held that Minnie E. Cake, the payee in the note and original plaintiff in the judgment, being dead, the defendant Joseph W. Cake is not a competent witness, and without his testimony there is not sufficient evidence to justify the court in…
2Cited by5 opinions
- Wright v. WilsonCourt of Appeals for the Third Circuit · 1946
- In Re Estate of CecchineSupreme Court of Pennsylvania · 1984
- Patterson v. HughesSupreme Court of Pennsylvania · 1912
- Proper v. CampbellSuperior Court of Pennsylvania · 1900
- Berger v. Nagle, Pennsylvania Court of Common Pleas, Berks County1929