Koch v. Biesecker
Superior Court of Pennsylvania
Appeal, No. 30, Jan. T., 1898, by-defendants, from order of C. P. Lackawanna Co., Sept. T., 1897, No. 921, discharging petition to open judgment entered by virtue of a confession of judgment in a note. Petition to open judgment.
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Appeal, No. 30, Jan. T., 1898, by-defendants, from order of C. P. Lackawanna Co., Sept. T., 1897, No. 921, discharging petition to open judgment entered by virtue of a confession of judgment in a note. Petition to open judgment. Before"Edwards, J. It appears from the petition and answer that the note in this case for $175 was given by Catharine Biesecker to William Koch for money borrowed by her from him; that Erwin Biesecker knew nothing about this loan at the time, and did not hear of it until several months afterwards, at which time Koch asked him to sign, and he did so; and that there was…
1Opinion of the Court
Opinion by
Smith, J.,
This is an appeal by Erwin Biesecker, one of the defendants, from an order of the court of common pleas, discharging a rule to show cause why the judgment should not be opened. The plaintiff made answer to the application to open, and, subsequently, the depositions of both parties, taken under the rule to open, were filed and submitted to the court. The rule was afterward discharged, whereupon this appeal was taken.
An application to open a judgment is essentially a proceeding in equity. From the abandonment, in 1736, of the chancery jurisdiction previously exercised by the…
2Cases cited12 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Earley's AppealSupreme Court of Pennsylvania · 1879
- Frauenthal's AppealSupreme Court of Pennsylvania · 1882
- Harris v. HarrisSupreme Court of Pennsylvania · 1893
- Gordinier's AppealSupreme Court of Pennsylvania · 1879
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