Legal Opinion

Abeles v. Powell

Superior Court of Pennsylvania

Decided December 13, 1897No. Appeal, No. 113PublishedCited by 8 opinions

Appeal, No. 113, Oct. T., 1897, by Francina D. Powell, one of the defendants, from judgment of G. P. No. 3, Phila. Co., Dec. T., 1896, No. 1171 for want of a' sufficient affidaAdt of defense, and from order of discharging rule to open judgment and quash attachment and let defendants' into a defense, proceedings to stay. Assumpt on promissory-note signed by.Francina D. Powell and Samuel Powell.

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Appeal, No. 113, Oct. T., 1897, by Francina D. Powell, one of the defendants, from judgment of G. P. No. 3, Phila. Co., Dec. T., 1896, No. 1171 for want of a' sufficient affidaAdt of defense, and from order of discharging rule to open judgment and quash attachment and let defendants' into a defense, proceedings to stay. Assumpt on promissory-note signed by.Francina D. Powell and Samuel Powell. Suit was brought on a promissory note signed by Francina D. Powell and Samuel Powell. Francina D. Powell, one of the defendants, filed an affidavit of defense as follows: “ Francina D. Powell, one of…

1Opinion of the Court

Opinion by

Smith, J.,

The appellant, a married woman, was sued jointly with her *126husband on a promissory note signed by both. Judgment was taken against him for want of an affidavit of defense. The appellant filed an affidavit of defense setting up her coverture, and alleging that she is not indebted to the plaintiff in any sum and never was, and that she signed the note as guarantor. A rule for judgment for want of a sufficient affidavit of defense was granted, returnable February 20,1897. This rule was duly served on appellant’s attorney of record and on the return day it was made absolute,…

2Cases cited4 opinions

  1. King v. BrooksSupreme Court of Pennsylvania · 1873
  2. Vanatta v. AndersonSupreme Court of Pennsylvania · 1811
  3. Hill v. EganSuperior Court of Pennsylvania · 1896
  4. Waters v. BatesSupreme Court of Pennsylvania · 1863

3Cited by8 opinions

  1. Haverford Township School District v. HerzogSupreme Court of Pennsylvania · 1934
  2. Kappel v. MethSuperior Court of Pennsylvania · 1936
  3. Trestrail v. JohnsonSupreme Court of Pennsylvania · 1929
  4. Brader v. AlinikoffSuperior Court of Pennsylvania · 1925
  5. Miller Bros. v. KeenanSuperior Court of Pennsylvania · 1928

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