Page v. Williamsport Suspender Co.
Supreme Court of Pennsylvania
Appeal, No. 164, Jan. T., 1898, by plaintiff, from order of C. P. Lycoming Co., March T., 1898, No. 476, making absolute rule to set aside judgment. Rule to set aside judgment. From the record it appeared that Jean Saylor-Brown, a creditor presented her petition to the court under the Act of July 9, 1897, P. L. 237, praying for a rule on the plaintiff to show cause why his judgment should not be set aside for fraud.
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Appeal, No. 164, Jan. T., 1898, by plaintiff, from order of C. P. Lycoming Co., March T., 1898, No. 476, making absolute rule to set aside judgment. Rule to set aside judgment. From the record it appeared that Jean Saylor-Brown, a creditor presented her petition to the court under the Act of July 9, 1897, P. L. 237, praying for a rule on the plaintiff to show cause why his judgment should not be set aside for fraud. She did not at first file a bond as required by the act, but after the rule was issued, by permission of the court, she filed a bond, nunc pro tunc. Townsend & Longmire, on…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The first question raised by the assignments of error is the constitutionality of the Act of July 9, 1897, P. L. 237. The act is entitled a supplement to the act of March 17, 1869, relative to fraudulent debtors, “ authorizing the courts to inquire into the validity of judgments confessed and alleged to be fraudulent, and providing the practice therefor.”
It is objected that this act is void, first, because the title is not sufficiently explicit and the subject is not germane to that of the act to which this assumes to be a supplement, and secondly, because…
2Cases cited2 opinions
- Clark v. DouglassSupreme Court of Pennsylvania · 1870
- Meckley's AppealSupreme Court of Pennsylvania · 1883
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- Huron L. Co., Ltd. v. SklarSuperior Court of Pennsylvania · 1931
- McPherran's EstateSupreme Court of Pennsylvania · 1905
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