Gallup v. Reynolds
Supreme Court of Pennsylvania
ERROR to the common pleas of Luzerne county. In this case, a judgment was originally entered by Chauncey A. Reynolds against James D. Gallup, for the'sum'of 2100 dollars upon a judgment bond in the usual form, with a warrant of attorney contained therein, upon which a fieri facias issued to August term 1832, No. 48. January 17, 1833, the defendant, in said judgment filed an affidavit, laying grounds for;a rule upon the plaintiff, to show cause why the judgment should not be…
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ERROR to the common pleas of Luzerne county. In this case, a judgment was originally entered by Chauncey A. Reynolds against James D. Gallup, for the'sum'of 2100 dollars upon a judgment bond in the usual form, with a warrant of attorney contained therein, upon which a fieri facias issued to August term 1832, No. 48. January 17, 1833, the defendant, in said judgment filed an affidavit, laying grounds for;a rule upon the plaintiff, to show cause why the judgment should not be opened, and defendant let into a defence; which rule was thereupon granted by the court. July 13, 1833, and pending said…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The practice of opening a judgment entered on warrant of attorney to let in a defence specially sworn to, is peculiar to our jurisprudence; and it would seem, from the looseness with which it has prevailed, that its nature is not very distinctly perceived by ourselves. We have no traces; of it in the English books; for where the warrant has been procured from an infant or a feme covert; or for a usurious consideration; or as an inducement to live in a state of prostitution; or to secure a void- annuity, or the like; their practice has been…
2Cases cited1 opinion
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
3Cited by15 opinions
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Smith v. Safeguard Mutual InsuranceSuperior Court of Pennsylvania · 1968
- Miles v. LaytonSupreme Court of Delaware · 1937
- George v. GeorgeSupreme Court of Pennsylvania · 1935
- Bingham's Trustees v. GuthrieSupreme Court of Pennsylvania · 1852
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