Green v. Boyd
Superior Court of Pennsylvania
Appeal, No. 52, April T., 1900, by plaintiffs, in a suit of R. M. Green & Sons against John Boyd, from order of O, P. No. 2, Allegheny Co., July Term, 1899, No. 388, making absolute rule to open judgment. Opinion by W. D. Porter, J. Rule'to open judgment and let defendant into a defense. Before the court in banc. It appears from the record that plaintiffs had obtained judgment against defendant as surety upon a certain written agreement of lease for a soda water apparatus.
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Appeal, No. 52, April T., 1900, by plaintiffs, in a suit of R. M. Green & Sons against John Boyd, from order of O, P. No. 2, Allegheny Co., July Term, 1899, No. 388, making absolute rule to open judgment. Opinion by W. D. Porter, J. Rule'to open judgment and let defendant into a defense. Before the court in banc. It appears from the record that plaintiffs had obtained judgment against defendant as surety upon a certain written agreement of lease for a soda water apparatus. Other facts appear in the opinion of the court. The court below made absolute rule to open judgment and let defendant…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
Judgment was entered against the defendant in default of an appearance on June 13, 1899, the first day upon which judgment could have been entered for that cause. The defendant, on June 17, 1899, presented his petition and affidavit, praying the court to open the judgment. The court granted a rule on the plaintiffs to show cause why the judgment should not be opened, which rule was subsequently madabsolute. From that order the plaintiffs appealed.
The defendant, in his petition and affidavit upon which the rule to show cause was founded, stated that he had…
2Cited by2 opinions
- Lockard v. KeyserSuperior Court of Pennsylvania · 1901
- Mann v. Mt. Union Tanning & Extract Co.District Court, M.D. Pennsylvania · 1920