Lomison v. Faust
Pennsylvania Court of Common Pleas, Fayette County
No. 70 July Term 1890, Sup. Ct.; court below, No. 226 September Term 1885, C. P. On July 30, 1885, under a warrant of attorney, judgment was entered in favor of Dr. H. G. Lomison against H. E. Faust, in a penal sum conditioned for the payment in instalments of |6,500, with interest from March 30, 1885. On March 4,1889, the defendant presented his petition praying upon grounds fully set out in the opinion of this court, that the court below stay said writ, and grant a rule on…
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No. 70 July Term 1890, Sup. Ct.; court below, No. 226 September Term 1885, C. P. On July 30, 1885, under a warrant of attorney, judgment was entered in favor of Dr. H. G. Lomison against H. E. Faust, in a penal sum conditioned for the payment in instalments of |6,500, with interest from March 30, 1885. On March 4,1889, the defendant presented his petition praying upon grounds fully set out in the opinion of this court, that the court below stay said writ, and grant a rule on the plaintiff to show cause why the judgment should not be marked satisfied. Eule granted. Subsequently, the prayer of…
1Per curiam
Upon its admitted facts this is an extremely hard case. The story of the appellant, as set forth in his petition to open the judgment, is substantially as follows:
That about four years prior to his application to have the judgment opened, he purchased of the plaintiff, Dr. H. G. Lomison, for the sum of §7,500, a farm situated in Upper Tyrone township, Fayette county ; that the said Lomison desired him to sign a judgment note for §6,500, as security for the unpaid portion of the purehasé money; that he refused to sign such an instrument, stating at the time to Lomison that he would give no…
2Cited by18 opinions
- Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
- Union Tr. Co., Gdn. v. TutinoSupreme Court of Pennsylvania · 1945
- Hoffman Lumber Co. v. MitchellSuperior Court of Pennsylvania · 1952
- White's EstateSupreme Court of Pennsylvania · 1936
- Ruzyc v. BrownSupreme Court of Pennsylvania · 1935
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