Lanning v. Pawson
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a feigned issue allowed by the court to try whether the defendant in a judgment by John E. Clark in favour of James Lanning, was dead when it was filed. The case was this:— On the 1st of December 1857, John E. Clark executed and delivered to James Lanning a judgment-note for $3000, payable on demand, waiving stay of execution from and after its maturity.
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Error to the District Court of Philadelphia. This was a feigned issue allowed by the court to try whether the defendant in a judgment by John E. Clark in favour of James Lanning, was dead when it was filed. The case was this:— On the 1st of December 1857, John E. Clark executed and delivered to James Lanning a judgment-note for $3000, payable on demand, waiving stay of execution from and after its maturity. On the 3d of April 1858, Mr. Clark, who was a young man of temperate habits, recently married, and in comfortable circumstances, left his store in Second street below Coates, in…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
— It was manifestly very proper to allow this issue, and of course to strike off the judgment that had been entered on the warrant of attorney, on the fact being found that the defendant was dead before it was entered. We speak now only of a judgment entered on warrant of attorney, and therefore by the act of the plaintiff, and not really by the court.
The exceptions to the evidence given on the trial of the issue are very numerous, but we do not discover that there was any evidence really-given that was improper. Following the old…
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- Kummerle v. CainSuperior Court of Pennsylvania · 1923
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