Cruzan v. Hutchison
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1904, by defendant, from order of C. P. No. 1, Allegheny County, Dec. T., 1901, No. 135, discharging rule to open judgment in case of E. E. Cruzan v. C. A. Hutchison. Rule to open judgment. Before Macearlane, J. The facts sufficiently appear by the opinion of the Supreme Court. Error assigned was the order of the court discharging the rule to open the judgment.
1Opinion of the Court
Per Curiam,
Judgment being entered on a judgment note the defendant obtained a rule to open on affidavit that the note was given chiefly as collateral security to plaintiff against loss in certain matters, that no default had taken place, and that the only debt due plaintiff was a sum specified, much less than the amount of the note. These averments were supported by the appellant in his deposition. On the other hand, the plaintiff by sworn answer to the rule and in his deposition claimed that the note represented the real debt. The case thus came before the court practically upon oath against…
2Cases cited2 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Cloud v. MarkleSupreme Court of Pennsylvania · 1898
3Cited by11 opinions
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- Chandler v. MilesSuperior Court of Delaware · 1937
- Schultz v. RudmanSuperior Court of Pennsylvania · 1922
- Lloyd v. JacobySuperior Court of Pennsylvania · 1944
- Rasp v. RaspSuperior Court of Pennsylvania · 1922
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