Bates v. Cullum
Supreme Court of Pennsylvania
Appeal, No. 500, Jan. T., 1894, by plaintiff, from order of C. P. Warren Co., March T., 1881, No. 258, making absolute rule to open judgment. Rule to open judgment.
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Appeal, No. 500, Jan. T., 1894, by plaintiff, from order of C. P. Warren Co., March T., 1881, No. 258, making absolute rule to open judgment. Rule to open judgment. From the record it appeared that judgment was entered June 2, 1881, on the following note, signed by defendant: “ $4,000. Meadville, Pa., 10 Nov., 1873. “ One day after date for value received I promise to pay to the order of F. Bates, cashier in trust for the Exchange Bank of ■ Titusville, Four Thousand Dollars, without defalcation. And further, I do hereby empower any attorney of any court of record of this state, or elsewhere,…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
There is no question at issue here except the right of the court below to open the judgment. There was no trial on the merits after the rule to open was made absolute, and it is certainly a serious question whether an appeal can be taken at this stage of the proceedings, there being no final judgment. This question is not raised however by a motion to quash or in any other manner. It is not possible to consider now the other subjects which are discussed in the paper-books, as there is nothing to bring them on the record. The question whether the court of common…
2Cases cited4 opinions
- Woods v. IrwinSupreme Court of Pennsylvania · 1891
- Sossong v. RosarSupreme Court of Pennsylvania · 1886
- Ellinger's AppealSupreme Court of Pennsylvania · 1886
- Herman v. RinkerSupreme Court of Pennsylvania · 1884
3Cited by7 opinions
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Estate of Charles B. Wolf, Charles S. Wold, Frances G. Wolf, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
- Com., for Use v. PerrySupreme Court of Pennsylvania · 1938
- Bates v. CullumSupreme Court of Pennsylvania · 1896
- In re GerryDistrict Court, E.D. Pennsylvania · 1902
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