Vanderpool ex rel. Markham v. Vanderpool
Supreme Court of Pennsylvania
Appeal, No. 219, Jan. T., 1894, by defendant, Nelson Vanderpool, from order of C. P. Bradford Co., May T., 1891, No. 98, discharging a rule to open judgment. Rule to open judgment.
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Appeal, No. 219, Jan. T., 1894, by defendant, Nelson Vanderpool, from order of C. P. Bradford Co., May T., 1891, No. 98, discharging a rule to open judgment. Rule to open judgment. Before Peck, P. J. The record showed that the judgment had been entered against defendant for want of a sufficient affidavit of defence on Sept. 7,1891. On April 12,1893, the following assignment, dated June 6, 1892, signed and sealed by Martin Vanderpool, was filed of record : “ For value received I hereby assign the above judgment to A. B. Markham, Esq., of Mayville, Mich., he to collect and account to me…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The defendant has made affidavit that there is nothing due on this judgment except the sum of $120 to Markham which he offers to pay, and there is also produced an affidavit of the plaintiff, Martin Vanderpool, that the proceeding resulting in the judgment was without his knowledge or consent, that the defendant at that time owed him nothing, and that, as he was then of age, no one had any authority to prosecute the suit or obtain the judgment for him. There are also produced from plaintiff a power of attorney to Crimmins, and an order on the prothonotary to…
2Cited by1 opinion
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