Legal Opinion

Connay v. Halstead

Supreme Court of Pennsylvania

Decided May 17, 1873PublishedCited by 24 opinions

Error to the Court of Common Pleas of Susquehanna county. No. 26, to January Term 1878. The proceedings in this case were on a motion in the court below to strike off a judgment H. P. Halstead v. Thomas Connay, entered March 28th 1872, by the prothonotary, on the following instrument: — ” r “ This agreement, made,' &e., the 20th day of March 1871, between H. P. Halstead, of; &c., of the one part, and Thomas Con-nay, of, &c., of the second part, witnesseth that the said party…

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Error to the Court of Common Pleas of Susquehanna county. No. 26, to January Term 1878. The proceedings in this case were on a motion in the court below to strike off a judgment H. P. Halstead v. Thomas Connay, entered March 28th 1872, by the prothonotary, on the following instrument: — ” r “ This agreement, made,' &e., the 20th day of March 1871, between H. P. Halstead, of; &c., of the one part, and Thomas Con-nay, of, &c., of the second part, witnesseth that the said party of the first part, his, &e., doth hereby covenant, &c., with the said party of the second part, upon payment of the…

1Opinion of the Court

The opinion of the court was delivered, May 17th 1873, by

Agnew, J.

By the Act of 24th February 1806, Brightly’s Purdon 577, pl. 32, it is made the duty of the prothonotary upon the application of the holder of a bond or other instrument con*357taining a warrant of attorney to confess judgment, “ to enter judgment against the person or persons who executed the same for the amount, which on the face of the instrument may appear to be due,” &c. This act does not confer upon the prothonotary all the power of an attorney at law to confess a judgment, but only authorizes him without the agency of an…

2Cited by24 opinions

  1. Whitney v. HopkinsSupreme Court of Pennsylvania · 1890
  2. Smith v. Safeguard Mutual InsuranceSuperior Court of Pennsylvania · 1968
  3. Meyers & Joly v. FreilingSuperior Court of Pennsylvania · 1922
  4. Edward F. Gerber Co. v. ThompsonWest Virginia Supreme Court · 1919
  5. Dalton v. WillingmyreSuperior Court of Pennsylvania · 1915

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