Legal Opinion

Kneib v. Graves

Supreme Court of Pennsylvania

Decided January 9, 1872No. 66PublishedCited by 2 opinions

Error to the Court of Common Pleas of JSrie county: No. 66, to October and November Term 1871. On the 2d of May 1868, No. 826, to February Term 1868, a judgment “ J. C. Graves against Theodore Eimers & Co.,” was entered in the Court of Common Pleas of Erie county for $800, on a note dated April 1st 1868, for that sum, payable to the plaintiff or bearer in six months with interest, with warrant of attorney to confess judgment, waiving inquisition, exemption, &c.; thenote and…

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Error to the Court of Common Pleas of JSrie county: No. 66, to October and November Term 1871. On the 2d of May 1868, No. 826, to February Term 1868, a judgment “ J. C. Graves against Theodore Eimers & Co.,” was entered in the Court of Common Pleas of Erie county for $800, on a note dated April 1st 1868, for that sum, payable to the plaintiff or bearer in six months with interest, with warrant of attorney to confess judgment, waiving inquisition, exemption, &c.; thenote and warrant were not under seal, and were signed by Theodore Eimers only. The plaintiff doubting the effect of the entry of…

1Opinion of the Court

The opinion of the court was delivered, by

Williams, J.

— The plaintiff below was entitled to an execution against the partnership, on the judgment confessed by T. Eimers, one of the firm, and to satisfaction thereof out of the joint effects; but he had no right to an execution against the other members of the firm not named in the record. If they authorized or assented to the confession of the judgment, their individual property may have been liable to seizure and sale on an execution against the partnership, but the judgment, as confessed, did not authorize an execution against the individual…

2Cited by2 opinions

  1. Evans v. WattsSupreme Court of Pennsylvania · 1899
  2. Geo. W. McAlpin Co. v. FinsterwaldOhio Supreme Court · 1898

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