Miller v. Schenck
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Wyoming county: Of January Term 1880. No. 294. Appeal of John C. Schenck, under the Act of April 4th 1877, Pamph. L. 53, from the decision of the court refusing to open a judgment entered on a warrant of attorney and let the defendant into a defence.
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Appeal from the Court of Common Pleas of Wyoming county: Of January Term 1880. No. 294. Appeal of John C. Schenck, under the Act of April 4th 1877, Pamph. L. 53, from the decision of the court refusing to open a judgment entered on a warrant of attorney and let the defendant into a defence. The application was based on a petition of Schenck, filed January 12th 1880, and affidavits which set forth that the original judgment was entered on November 24th 1876, upon a note which contained a confession of judgment for $1000, made by Thomas May, and by appellant as his surety, in payment of certain…
1Opinion of the CourtJustice Gordon
This was a petition by John C. Schenk, the appellant, to open a judgment entered on a warrant of attorney which he had executed as surety for Thomas May. The court below refused this application on the ground that a like petition had been previously heard and disposed of. If this were correct, if the appellant had had, in this particular, his day in court, and had neglected or refused to appeal from its decree, that certainly ought to end the controversy. He ought not to be permitted to renew his application whenever an attempt was made to collect the judgment by execution. It is, indeed, not…
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