Shinn v. Stemler

Opinion by

Rhodes, J.,

Defendant, maker of a judgment note under seal, has appealed from the order of the court below discharging rule to show cause why the judgment entered by confession should not be opened.

Appellant’s petition to open the judgment avers merely that appellant “never received any consideration by reason of the execution ... of said judgment note.” Plaintiff’s answer was that appellant’s averment is in contradiction to and at variance with the terms and import of the judgment note, and does not present a valid defense.

Plaintiff’s position is that since the note is under seal,…