Keystone Brewing Co. v. Varzaly
Superior Court of Pennsylvania
Appeal, No. 28, March T., 1909, by defendant, from order of C. P. Lackawanna Co., Sept. T., 1906, No. 699, discharging rule to open judgment in case of Keystone Brewing Company for R. C. Wills v. John Varzaly, Administrator of Annie Varzaly, deceased. Rule to open judgment. Before Newcomb, J. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule to open judgment.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiffs obtained judgment against Annie Varzaly by virtue of a writing purporting to be an obligation for the payment of $600 dated March 25, 1905, and payable one day after date. The paper is signed by the mark of the obligor and witnessed by F. P. Butler and James J. Walsh. The defendant died soon after the judgment was entered; whereupon, letters of administration were issued to her husband, John Varzaly, who afterwards presented his petition to the court asking that the judgment be opened to permit him to make a defense. The judgment was objected to on two…
2Cases cited6 opinions
- Hughes v. Westmoreland Coal Co.Supreme Court of Pennsylvania · 1883
- R. Patrick & Co. v. SmithSupreme Court of Pennsylvania · 1895
- Schomaker v. DeanSupreme Court of Pennsylvania · 1902
- Sibley v. RobertsonSupreme Court of Pennsylvania · 1905
- E. Bradford Clarke Co. v. Railroad Co.Superior Court of Pennsylvania · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tolomeo v. Harmony Short Line Motor Transportation Co.Supreme Court of Pennsylvania · 1944
- Kellogg v. Mack Paving & Construction Co.Superior Court of Pennsylvania · 1917