Blythe Township v. Morris
Supreme Court of Pennsylvania
July Term, 1886, No. 4, E. D., before Gordon, Oh. J., Paxson, Sterrett, Green, Clark, and Williams, JJ. Appeal from an order of the Common Pleas of Schuylkill County discharging rules to open certain judgments. The judgments were confessed in amicable actions by the township of Blythe in favor oí John Morris.
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July Term, 1886, No. 4, E. D., before Gordon, Oh. J., Paxson, Sterrett, Green, Clark, and Williams, JJ. Appeal from an order of the Common Pleas of Schuylkill County discharging rules to open certain judgments. The judgments were confessed in amicable actions by the township of Blythe in favor oí John Morris. On the refusal of the court to open them and lei the defendant into a defense, the defendant took this appeal under the act of April 4, 1877, specifying as error the action of the court as above. The material portion of the act in question is as follows: “In all cases of application made…
1Opinion of the Court
Per Curiam :
In the case of Limbert v. Jones, 118 Pa. 589, 12 Atl. 584, per Mr. Justice Paxson, we held that a judgment confessed in an amicable action was not within the act of April 4, 1877, which gives the right of appeal in cases where the court refuses to open a judgment entered upon a warrant of attorney. Under this authority we are obliged to quash this appeal.
Appeal quashed.
2Cases cited1 opinion
- Limbert v. JonesSupreme Court of Pennsylvania · 1888