Drexel's Appeal
Supreme Court of Pennsylvania
■ July 19. This ivas a,'n- appeal hy E. M. Drexel, -from the decree of the Court of .Common Pleas of Bradford county, confirming the. report of the auditor appointed tq appropriate the money raised hy a judicial sale of the real estale of the Towanda Bank. The only question raised in 'this case was, as to the validity of a judgment- entered in the -following -form: “Whereas,- L. S.'Ellsworth, Wm.
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■ July 19. This ivas a,'n- appeal hy E. M. Drexel, -from the decree of the Court of .Common Pleas of Bradford county, confirming the. report of the auditor appointed tq appropriate the money raised hy a judicial sale of the real estale of the Towanda Bank. The only question raised in 'this case was, as to the validity of a judgment- entered in the -following -form: “Whereas,- L. S.'Ellsworth, Wm. H. Overton, John E. Means, Peter C. Ward, and Lockwood Smith, at my solicitation, gave their obligations, and became liable by endorsement,'for the benefit of the Towknda Bank, in settling and…
1Per curiam
The ruling principle of this case was determined in Hauer’s'Appeal, 5 Watts and Serg. 473, in which a judgment, entered in the District Court of Lancaster, but on a warrant to confess judgment only in the Common Pleas, was sustained by this court, as an actual, though an irregular judgment; for the reason that, as the defendant did not interfere to abate it, no one else could. The court below had created it, and set aside the execution on it, at the instance of subsequent creditors, but the money was decreed in this court to the plaintiff. The difference between that case and this is, that…
2Cited by10 opinions
- Osterhout v. BriggsSuperior Court of Pennsylvania · 1908
- Sherrard's Executors v. JohnstonSupreme Court of Pennsylvania · 1899
- Fischer v. WoodruffSupreme Court of Pennsylvania · 1916
- Gould v. RandalSupreme Court of Pennsylvania · 1911
- Milleisen v. SensemanSuperior Court of Pennsylvania · 1897
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