Legal Opinion

W. H. Keech Co. v. O'Herron

Superior Court of Pennsylvania

Decided October 11, 1909No. Appeal, No. 198PublishedCited by 6 opinions

Appeal, No. 198, April T., 1909, by defendant, from order of C. P. No. 1, Allegheny Co., March T., 1909, No. 233, discharging rule to strike off judgment and set aside execution in case of W. H. Keech Company v. Michael O’Herron. Rule to strike off judgment and set aside execution. The facts appear by the opinion of the Superior Court. Error assigned was order discharging the rule.

1Opinion of the Court

Opinion by

Porter, J.,

Judgment was entered against the appellant and another by confession under a warrant of attorney contained in a bond. The bond was in the penal sum of $500 and the warrant therein contained authorized the confession of judgment “after one or more declarations filed,” in favor of the plaintiff, for the amount of the penalty, with “waiver of inquisition and condemnation of any property that may be levied upon by virtue of any execution which may issue forthwith upon failure to comply with the conditions hereof.” The plaintiff filed a declaration, or statement, setting forth…

2Cases cited3 opinions

  1. Carman v. NobleSupreme Court of Pennsylvania · 1848
  2. McCann v. FarleySupreme Court of Pennsylvania · 1856
  3. Jones v. DilworthSupreme Court of Pennsylvania · 1870

3Cited by6 opinions

  1. West Penn Sand & Gravel Co. v. Shippingport Sand Co.Supreme Court of Pennsylvania · 1951
  2. First Mortgage Guarantee Co. v. PowellSuperior Court of Pennsylvania · 1929
  3. Kauffeld v. TinstmanSuperior Court of Pennsylvania · 1913
  4. Green Ridge Bank v. EdwardsSuperior Court of Pennsylvania · 1977
  5. Green Ridge Bank v. EdwardsSuperior Court of Pennsylvania · 1977

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