First Nat. Bk., Wmsbg., for Use v. Smith

Opinion by

Cunningham, J.,

By virtue of a power of attorney contained in a note for $700, not under seal, signed by Ralph A. Smith (doing business as The Forest Service Company) on December 28, 1932, and payable three months after date to the order of the First National Bank of Williamsburg, Pa., a judgment was confessed against the maker by the payee at the June Term, 1937, of the court below, and an execution issued thereon.

On August 20, 1937, the defendant presented his petition for, and obtained, a rule to show cause why the execution should not be stayed, the judgment opened, and…