Jones v. Dilworth
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 25, to October and November Term 1869. On the 6th of December 1867 a judgment was entered in the District Court of Allegheny county, by confession on warrant of attorney in favor of F. A. Dilworth against Oliver B. Jones, Jane Jones and Shellman Jones for $15,000, to be released on performance of the conditions of the bond to which the warrant was attached.
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Error to the District Court of Allegheny county: No. 25, to October and November Term 1869. On the 6th of December 1867 a judgment was entered in the District Court of Allegheny county, by confession on warrant of attorney in favor of F. A. Dilworth against Oliver B. Jones, Jane Jones and Shellman Jones for $15,000, to be released on performance of the conditions of the bond to which the warrant was attached. The bond was dated on the same day and was from the defendants to the plaintiff in the penalty of $15,000 with attorney’s commissions, “ a waiver of inquisition and condemnation of any…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Agnew, J. —
The refusal of the court below to open the judgment, or set aside the liquidation, is not a subject of error where the decision depends on extrinsic facts, which must be determined on the evidence. There is no bill of exception to bring up the evidence in such a case: Bunce v. Wightman, 5 Casey 335; Kalbach v. Fisher, 1 Rawle 323; Righter v. Rittenhouse, 3 Id. 273; Eldred v. Hazlett, 2 Wright 17. This case bears no resemblance to Knox v. Flack, 10 Harris 337, where the validity of the warrant of attorney itself was brought…
2Cases cited2 opinions
- Kalbach ex rel. Reber v. FisherSupreme Court of Pennsylvania · 1829
- Longstreth & Cook v. GraySupreme Court of Pennsylvania · 1832
3Cited by2 opinions
- W. H. Keech Co. v. O'HerronSuperior Court of Pennsylvania · 1909
- Commonwealth v. MaxwellSupreme Court of Pennsylvania · 1907