Mountain City Savings & Loan Ass'n v. Bell

Opinion by

Mr. Justice Roberts,

This appeal is from the refusal to strike a judgment entered on an appeal bond and from the discharge of a rule to compel plaintiff to bring action against the defendant-surety to determine costs and damages legally payable.

Union Savings and Loan Association of Hazleton,1 plaintiff-appellee, entered a judgment by confession on a real estate mortgage bond against Carlos C. Bell and Esther Conety Bell, his wife, in the sum of $33,000, conditioned for the payment of $10,058.68, legally due as of May 1, 1959. Subsequently, a rule was granted *69upon plaintiff to show…