Adams's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Butler county: Of July Term 1882, No. 181. Appeal of E. H. Adams, from a decree of said court discharging a rule to show cause why judgment should not be opened and the defendant be let into a defence. The following facts appeared from the records: On March 12th 1868, E. II. Adams executed to James L. Mortland a judgment note for $216, with W. D. Renick as surety.
Read the full summary
Appeal from the Court of Common Pleas of Butler county: Of July Term 1882, No. 181. Appeal of E. H. Adams, from a decree of said court discharging a rule to show cause why judgment should not be opened and the defendant be let into a defence. The following facts appeared from the records: On March 12th 1868, E. II. Adams executed to James L. Mortland a judgment note for $216, with W. D. Renick as surety. On January 8th 1879, judgment was entered on said nóte by virtue of the warrant contained therein, and execution issued. On April 28th 1879, Adams presented a petition to the court, setting…
1Opinion of the CourtJustice Sterrett
The question in this case is whether, upon the facts disclosed by the record, the judgment against appellant should have'been opened for the purpose of enabling him to plead his discharge in bankruptcy as a defence to the debt secured by the bond on which the judgment was confessed in January 1879.
The bond was given by appellant in 1868, two years before he was adjudged bankrupt, for a debt that was clearly provable against his estate; and hence his subsequent discharge, as a bankrupt, in 1871, operated as a release of the debt evidenced by the bond. The Act of Congress expressly provides…
2Cited by2 opinions
- Miller Bros. v. KeenanSuperior Court of Pennsylvania · 1928
- Tioga County Savings & Trust Co. ex rel. Klock v. GatesSupreme Court of Pennsylvania · 1916