Osterhout v. Briggs
Superior Court of Pennsylvania
Appeal, No. 19, March T., 1908, by plaintiff, from order of C. P. Wyoming Co., April T., 1903, No. 143, making absolute rule to strike off judgments in case of Lucy B. Osterhout v. H. B. Briggs and S. H. Briggs. Rule to strike off judgments. Before Terry, P. J. The opinion of the Superior Court states the case. ■Error assigned was the order of the court making absolute rule to strike off judgments.
1Opinion of the Court
Opinion by
Porter, J.,
The defendants executed and delivered to the plaintiff, for a debt actually owing, on March 17, 1903, their judgment note for the payment of $500, with interest, in three years and nine months after date. The instrument contained a warrant of attorney authorizing a confession of judgment thereon “in any court having jurisdiction, in term time or vacation, at any time after the maturity of this note and before its payment.” The plaintiff caused judgment to be entered under the warrant of attorney, by the prothonotary, on April 1, 1903, before the maturity of the note. On…
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