Rowland v. Clark
Supreme Court of Pennsylvania
Appeal, No. 70, Jan. T., 1915, by defendants, from order of C. P. No. 2, Philadelphia Co., Dec. T., 1912, No. 5159, refusing to open a confessed judgment, in case of H. Maxwell Rowland and Omar Shallcross, Executors, &c., of Amos C. Shallcross, Deceased, v. Elizabeth Rowland Clark, Jonathan Rowland, Jr., Amos Shallcross Rowland and Eric Ericson Rowland. Rule to open a judgment entered by confession upon a judgment note. The opinion of the Supreme Court states the facts.
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Appeal, No. 70, Jan. T., 1915, by defendants, from order of C. P. No. 2, Philadelphia Co., Dec. T., 1912, No. 5159, refusing to open a confessed judgment, in case of H. Maxwell Rowland and Omar Shallcross, Executors, &c., of Amos C. Shallcross, Deceased, v. Elizabeth Rowland Clark, Jonathan Rowland, Jr., Amos Shallcross Rowland and Eric Ericson Rowland. Rule to open a judgment entered by confession upon a judgment note. The opinion of the Supreme Court states the facts. The court discharged the rule. The judgment defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This appeal is without merit. The judgment which the appellants asked to have opened for purpose of defense was entered upon confession 11th February, 1913, on a note bearing date 23d April, 1908, for $1,657.79. The judgment was absolute in its terms, and remained uncontested during the lifetime of the debtor who died in April, 1913. The plaintiff in the judgment, died 16th March, 1911, and it was not until 23d October, 1914, that this proceeding to open the judgment was begun. The evidence shows that the proceeding rests on nothing stronger than a conjecture…
2Cited by5 opinions
- In Re Consorto Const. Co., IncCourt of Appeals for the Third Circuit · 1954
- Compton v. HeilmanSupreme Court of Pennsylvania · 1938
- Schultz v. RudmanSuperior Court of Pennsylvania · 1922
- Elverson's EstatePennsylvania Orphans' Court, Philadelphia County · 1931
- In Re Consorto Const. Co., IncCourt of Appeals for the Third Circuit · 1954