Read v. Bush
Supreme Court of Pennsylvania
HIS action was brought to July Term 1811, upon a promisory note for 568 dollars 60 cents, drawn by the defendant on the 29th of August 1810. Bail was entered on the 16th of August 1811, a declaration filed on the 16th _ * 2 , October following, and on the 4th oí November 1812, ment was signed for want of an affidavit of defence,' according to Rule 79 of this Court. * Levy for the defendant now moved to open the judgment, on the ground that the’ defendant was an infant.
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HIS action was brought to July Term 1811, upon a promisory note for 568 dollars 60 cents, drawn by the defendant on the 29th of August 1810. Bail was entered on the 16th of August 1811, a declaration filed on the 16th _ * 2 , October following, and on the 4th oí November 1812, ment was signed for want of an affidavit of defence,' according to Rule 79 of this Court. * Levy for the defendant now moved to open the judgment, on the ground that the’ defendant was an infant. The Court heard evidence on behalf of the motion, to shew that the payer of the note, from whom the plaintiff derived by…
1Opinion of the Court
Tilghman C. J.
This case comes before us, on a motion on the part of the defendant, to open a judgment entered against him for want of an affidavit of defence. The defendant was an infant at the time of entering the judgment. Affidavits of defence had been filed in four other actions brought against him to the term next preceeding the commencement of this suit, so that it was well known that his *457guardian intended to dispute those contracts which were made during infancy. The rule of court under which the judgment was entered, was founded on an agreement signed by most of the counsel at the…
2Cited by2 opinions
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- Umberger v. ZearingSupreme Court of Pennsylvania · 1822