Mars National Bank v. Hughes
Supreme Court of Pennsylvania
Appeal, No. 58, Oct. T., 1913, by defendant, from order of C. P. Allegheny Co., Oct. T., 1912, No. 601, refusing to open a confessed judgment in case of Mars National Bank, a corporation, v. Benjamin W. Hughes. Rule to open judgment confessed by virtue of a warrant of attorney.
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Appeal, No. 58, Oct. T., 1913, by defendant, from order of C. P. Allegheny Co., Oct. T., 1912, No. 601, refusing to open a confessed judgment in case of Mars National Bank, a corporation, v. Benjamin W. Hughes. Rule to open judgment confessed by virtue of a warrant of attorney. From the record it appeared, that by virtue of a warrant of attorney judgment for $6,085.27 had been entered by confession against the defendant on a note for $6,000.00; the judgment included debt, interest, attorney’s commission and costs; thereafter defendant petitioned for a rule to open the judgment. The judgment…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
When the first judgment was entered pro confess'o, the power of attorney was exhausted and the warrant became functus officio. After the entry of the first judgment, neither the court, the prothonotary, nor the attorney who confessed the judgment, had power to do any act which would have the effect of giving vitality to an exhausted power. This is a settled rule of law in Pennsylvania and has been recognized by our courts for a century. In recent years it was reasserted in Philadelphia v. Johnson, 208 Pa. 645; Com. v. Massi, 225 Pa. 548; Bellevue Boro. v. Hallett,…
2Cases cited3 opinions
- Philadelphia v. JohnsonSupreme Court of Pennsylvania · 1904
- Commonwealth v. MassiSupreme Court of Pennsylvania · 1909
- Borough v. HallettSupreme Court of Pennsylvania · 1912
3Cited by17 opinions
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- Pacific Lumber Co. v. RoddSupreme Court of Pennsylvania · 1926
- Altoona Trust Co. v. FocklerSupreme Court of Pennsylvania · 1933
- Hogsett v. LutrarioSuperior Court of Pennsylvania · 1940
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