Maneval v. Jackson Tp.
Supreme Court of Pennsylvania
APPEAL BY HENRY ANTIS, ON BEHALF OF DEFENDANT, FROM THE COURT OF COMMON PLEAS OF LYCOMING COUNTY. July Term 1890, Sup. Ct.; court below, No. 469 June Term 1890, C. P. On May 6,1890, Charles Maneval brought assumpsit against the township of Jackson, filing as a statement of the plaintiff’s demand a copy of a township order, as follows: COPY OB’ CLAIM.
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APPEAL BY HENRY ANTIS, ON BEHALF OF DEFENDANT, FROM THE COURT OF COMMON PLEAS OF LYCOMING COUNTY. July Term 1890, Sup. Ct.; court below, No. 469 June Term 1890, C. P. On May 6,1890, Charles Maneval brought assumpsit against the township of Jackson, filing as a statement of the plaintiff’s demand a copy of a township order, as follows: COPY OB’ CLAIM. No. 59. Jackson Township, Pa., Sept. 24,1889. Mr. R. H. Loudensclilagcr, Treasurer of Jackson Township: Pay to Charles Maneval or bearer, six hundred dollars, on account of borrowed money, with lawful interest, and this shall be your sufficient…
1Opinion of the Court
Opinion,
Mr. Chinn Justice Paxson :
If we treat this case as a rule in the court below to open the judgment, we would be compelled to quash the appeal. It was confessed in an adverse proceeding, and the opening of such a judgment is in the discretion of the court below. It is only where the judgment is entered upon a warrant of attorney or judgment note, that the act of assembly gives the right to an appeal from a refusal to open it. The case was argued at bar, however, as though the rule was to strike off the judgment, and, as that was the prayer of the petition upon which the rule was…
2Cases cited5 opinions
- Union Township v. Gibboney & NelsonSupreme Court of Pennsylvania · 1880
- Gibson v. Poor Dist. of Plumcreek Tp.Supreme Court of Pennsylvania · 1888
- Dyer v. Covington TownshipSupreme Court of Pennsylvania · 1852
- Township of Snyder v. BovairdSupreme Court of Pennsylvania · 1888
- Allison v. Juniata CountySupreme Court of Pennsylvania · 1865
3Cited by13 opinions
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- Potters National Bank v. Ohio TownshipSupreme Court of Pennsylvania · 1918
- International Harvester Co. v. Tuscarora TownshipSuperior Court of Pennsylvania · 1910
- Good Roads Machinery Co. v. Old Lycoming TownshipSuperior Court of Pennsylvania · 1904
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