Carson v. Coulter
Supreme Court of Pennsylvania
Error, to the District Court of Allegheny county. This was a feigned issue, directed by the District Court, to test the validity of a judgment entered on a warrant of attorney against Henry Coulter and Samuel F. Dales.
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Error, to the District Court of Allegheny county. This was a feigned issue, directed by the District Court, to test the validity of a judgment entered on a warrant of attorney against Henry Coulter and Samuel F. Dales. The condition of the bond upon which the judgment was entered was as follows: “ That if the above bounden Henry Coulter and Samuel F. Dale, partners under the firm of H. Coulter & Co., their heirs, executors, administrators and assigns, do well and truly pay or cause to be paid unto the said Carson & McKnight, their certain attorney, heirs, executors, administrators or assigns,…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
— We answer the first error assigned, as a similar objection was answered in Dennison v. Leech, 9 Barr, 165, by saying, the court might have opened the judgment on terms, and perhaps they ought to have done so, but having-thought proper to adopt a different course, by opening the judgment without conditions, the burden of proof was on the plaintiffs. Under such an order, the judgment remains as security for whatever may be found due, but in all other respects, the trial must be had as if no judgment had been entered. The court gave the…
2Cited by1 opinion
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