Philadelphia v. Johnson
Superior Court of Pennsylvania
Appeal, No. 85, Oct. T., 1903, by defendant from order of O. P. No. 2, Phila. Co., June T., 1902, No. 2338, discharging rule to open judgment in case of Philadelphia v. Frank Johnson. Rule to open judgment entered under an ejectment clause in a lease.
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Appeal, No. 85, Oct. T., 1903, by defendant from order of O. P. No. 2, Phila. Co., June T., 1902, No. 2338, discharging rule to open judgment in case of Philadelphia v. Frank Johnson. Rule to open judgment entered under an ejectment clause in a lease. The petition for the rule averred: That said suit was entered and judgment confessed by Thomas Fowler, Esq., acting as attorney for this deponent, as he alleges by virtue of a warrant of attorney, contained in a certain lease between the city of Philadelphia, by its duly constituted agent, S. W. Bookhanuner, and this deponent, dated the 10th day…
1Opinion of the Court
Opinion by
Smith, J.,
None of the rights arising from the relation of lessor and lessee are in controversy here; hence the authorities respecting them have no application. The issue in the case does not involve the right, but the remedy. The question before us is whether the power given in the lease authorized the entry of the judgment of July 11, 1902, a judgment under its authority having been entered on June 5, 1902.
A power exists in law only for some purpose, and when fully executed by the accomplishment of its purpose it is exhausted. The authority given by it ends when nothing remains to…
2Cases cited3 opinions
- Ely v. KarmanySupreme Court of Pennsylvania · 1854
- Swift's AppealSupreme Court of Pennsylvania · 1878
- Davis v. HoodSupreme Court of Pennsylvania · 1850
3Cited by14 opinions
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- Pittsburgh Terminal Coal Corp. v. PottsSuperior Court of Pennsylvania · 1927
- Fogerty v. DixSuperior Court of Pennsylvania · 1920
- Osterhout v. BriggsSuperior Court of Pennsylvania · 1908
- Advance-Rumely Thresher Co. v. FrederickSuperior Court of Pennsylvania · 1930
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