Shortz v. Quigley
Supreme Court of Pennsylvania
In Error. r ¡PHIS cause came before the court on a writ of error to the -®- Common Pleas of Crawford county. A motion was made to the Common Pleas on behalf of Shortz the defendant below, to open a judgment entered against him by Quigley, on a bond with warrant dated 4th December 1800, conditioned for payment of 133 dollars 33 cents on the 15th October 1801. The judgment was entered as of October term 1803. On this motion it appeared by evidence given to the court below,…
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In Error. r ¡PHIS cause came before the court on a writ of error to the -®- Common Pleas of Crawford county. A motion was made to the Common Pleas on behalf of Shortz the defendant below, to open a judgment entered against him by Quigley, on a bond with warrant dated 4th December 1800, conditioned for payment of 133 dollars 33 cents on the 15th October 1801. The judgment was entered as of October term 1803. On this motion it appeared by evidence given to the court below, that by articles of agreement dated 14th August 1800-, ^tdgle-g contracted to sell to Shortz a tract of land for which he…
1Opinion of the Court
Tilghman C. J.
after stating the case, proceeded as follows: It is first to be considered whether there is any error in the entering the judgment. It appears there is not. It was regularly entered in pursuance of a warrant of attorney. The motion to open the judgment was an appeal to the court to exercise a summary jurisdiction on principles of equity. In hearing these motions, courts are not tied down to those strict rules of evidence which govern them in trials by jury; because it is presumed that their knowledge of the law prevents their being carried away by the weight of testimony not…
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