Legal Opinion

Citizens' Building & Loan Ass'n v. Hoagland & Gass

Supreme Court of Pennsylvania

Decided June 24, 1878PublishedCited by 5 opinions

Certiorari to the Court of Common Pleas of Northumberland county: Of May Term 1878, No. 164. In March 1873, J. J. Hoagland applied to the Citizens’ Building and Loan Association of Centralia for a loan, and as security therefor offered his father-in-law, Martin Gass. On the execution of a bond and mortgage to the association by Hoagland and Gass the money was paid over to Hoagland.

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Certiorari to the Court of Common Pleas of Northumberland county: Of May Term 1878, No. 164. In March 1873, J. J. Hoagland applied to the Citizens’ Building and Loan Association of Centralia for a loan, and as security therefor offered his father-in-law, Martin Gass. On the execution of a bond and mortgage to the association by Hoagland and Gass the money was paid over to Hoagland. In 1875 Hoagland made an assignment for the benefit of creditors, and appointed Gass his assignee. His assigned property paid but a small portion of his indebtedness, and nothing whatever was paid on the loan. On…

1Opinion of the Court

The judgment of the Supreme Court was entered

2Per curiam

The Act of 4th April 1877, Pamph L. 53, authorizes the party or parties aggrieved by the decision of the Court of Common Pleas to appeal in all cases of application to have any judgment entered, or warrant of attorney, or judgment note opened and defendant let into defence. It is manifest no final judgment upon the application takes place agaiqst the plaintiff, until the case has been heard and the judgment entered thereupon, setting it aside or lessening its amount. Here the judgment was merely opened and an issue ordered. Until the issue is…

3Cited by5 opinions

  1. Schomaker v. DeanSupreme Court of Pennsylvania · 1902
  2. English v. HagerSupreme Court of Pennsylvania · 1888
  3. Pfaff v. ThomasSuperior Court of Pennsylvania · 1897
  4. Samuel Cupples Wooden Ware Co. v. HoweSupreme Court of Pennsylvania · 1894
  5. Miller v. DuvallSupreme Court of Pennsylvania · 1889

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