Shields v. Hitchman
Supreme Court of Pennsylvania
Appeal, No. 2, Oct. T., 1915, by defendant, from order of C. P. Westmoreland Co., Aug. T., 1913, No. 113, refusing to open judgment, in case of Samuel N. Shields, Emily Shields, William Shields, Rachel M. Shields and Elizabeth Power v. James S. Hitchman. Rule to open judgment entered upon a bond by virtue of a warrant of attorney. Before Doty, P. J. The opinion of the Supreme Court states the facts. The court discharged the rule. Petitioner appealed.
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Appeal, No. 2, Oct. T., 1915, by defendant, from order of C. P. Westmoreland Co., Aug. T., 1913, No. 113, refusing to open judgment, in case of Samuel N. Shields, Emily Shields, William Shields, Rachel M. Shields and Elizabeth Power v. James S. Hitchman. Rule to open judgment entered upon a bond by virtue of a warrant of attorney. Before Doty, P. J. The opinion of the Supreme Court states the facts. The court discharged the rule. Petitioner appealed. Error assigned, among others, was in discharging the rule.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from an order, discharging a rule to show cause why a judgment entered upon a bond and warrant of attorney should not be opened, and execution thereon limited to certain property described. The bond contains the following clause: “It is expressly understood that the lien of this bond shall be limited to the following described real estate,” followed by a description of the land by metes and bounds. The warrant contained a waiver of inquisition “on the herein described real estate” and an agreement that “said estate may be sold on a fieri facias.”
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2Cases cited15 opinions
- Pennsylvania Stave Co.'s AppealSupreme Court of Pennsylvania · 1909
- Norris v. CroweSupreme Court of Pennsylvania · 1903
- Twelfth Street Market Co. v. JacksonSupreme Court of Pennsylvania · 1883
- Wilson v. OttSupreme Court of Pennsylvania · 1896
- Clark v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1915
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3Cited by18 opinions
- Culbertson v. CookSupreme Court of Pennsylvania · 1932
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- Lauffer v. VialSuperior Court of Pennsylvania · 1943
- Humbert v. MeyersSupreme Court of Pennsylvania · 1924
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