Dikeman v. Butterfield
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP MCKEAN COUNTY. No. 17 July Term 1890, Sup. Ct.; court below, No. 173 December Term 1888, C. P. On November 3, 1888, in an action stated in the name of Emily Y. Dikeman v. John A. Butterfield, counsel appeared for defendant and confessed a judgment in ejectment against him and in favor of the plaintiff for two adjoining lots of ground in the city of Bradford, and for the sum of $20 rent unpaid thereon.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP MCKEAN COUNTY. No. 17 July Term 1890, Sup. Ct.; court below, No. 173 December Term 1888, C. P. On November 3, 1888, in an action stated in the name of Emily Y. Dikeman v. John A. Butterfield, counsel appeared for defendant and confessed a judgment in ejectment against him and in favor of the plaintiff for two adjoining lots of ground in the city of Bradford, and for the sum of $20 rent unpaid thereon. With the confession was filed a statement of claim, averring breaches of certain covenants contained in two leas'es attached,—one, dated…
1Per curiam
There was no application in the court below to open this judgment. There was a rule to show cause why it should not be stricken off, which was very properly refused, as the judgment was regular upon its face. If there was any defence, the proper practice was to apply for a rule to open the judgment. This, in case of a legal defence, would have afforded relief in the court below, although in such case no appeal would lie to this court upon a refusal to open: See Limbert’s App., 118 Pa. 589, and Swartz’s App., 119 Pa. 208. As the case stands, there was nothing upon the face of the record, nor…
2Cases cited2 opinions
- Limbert v. JonesSupreme Court of Pennsylvania · 1888
- Lyon v. GoffSupreme Court of Pennsylvania · 1888
3Cited by4 opinions
- Miles v. LaytonSupreme Court of Delaware · 1937
- Dalton v. WillingmyreSuperior Court of Pennsylvania · 1915
- Penna. Co. for Insurance on Lives & Granting Annuities ex rel. McCarroll v. ShanahanSuperior Court of Pennsylvania · 1899
- Rochester & Pittsburgh C. & I. Co. v. Maydock, Pennsylvania Court of Common Pleas, Jefferson County1925