Lyon v. Goff
Supreme Court of Pennsylvania
APPEAL EROM THE DECREE OE THE COURT OE COMMON PLEAS OE MONTOUR COUNTY. No. 98 July Term 1887, Sup. Ct.; court below, No. 60 May Term 1887, C. P. On April 1, 1887, upon an agreement signed by Mr. Wm.
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APPEAL EROM THE DECREE OE THE COURT OE COMMON PLEAS OE MONTOUR COUNTY. No. 98 July Term 1887, Sup. Ct.; court below, No. 60 May Term 1887, C. P. On April 1, 1887, upon an agreement signed by Mr. Wm. J. Baldy, for the plaintiff, and Mr. James Scarlet, for the defendants, an amicable action of ejectment was entered by W. A. Lyon against John Goff and C. E. Swartz, for the recovery of premises in the Third ward of Danville, “being the same property leased to John Goff as a dwelling-house; and [agreeing] that judgment be entered in said action against the said John Goff and the said C. E. Swartz,…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
This case is ruled by Limbert’s Appeal decided at this term, to be found in 118 Pa. 589. That case was the counterpart of *212this. It was an appeal from the refusal of the court below to open a judgment confessed in an amicable action of ejectment by virtue of an authority contained in a lease. We said in that case: “ The use of the words ‘warrant of attorney or judgment note ’ in the act of 1877, makes it doubtful at least whether the provisions of the said act were intended to apply to any but money judgments.” Subsequent reflection has strengthened this view. When…
2Cases cited1 opinion
- Limbert v. JonesSupreme Court of Pennsylvania · 1888
3Cited by2 opinions
- Dikeman v. ButterfieldSupreme Court of Pennsylvania · 1890
- Irvine's EstateSuperior Court of Pennsylvania · 1906