Dillen v. Dillen
Supreme Court of Pennsylvania
Appeal, No. 73, Jan. T., 1908, by plaintiff, from order of C. P. Clearfield Co., Feb. T., 1905, No. 87, making absolute rule to open judgment in case of Gettie Dillen, Admx. of David Dillen, v. David Dillen, Admr. of Jesse E. Dillen. Pule to open judgment. The petition for the rule was filed by the widow and children of Jesse E. Dillen, the defendant in the judgment.
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Appeal, No. 73, Jan. T., 1908, by plaintiff, from order of C. P. Clearfield Co., Feb. T., 1905, No. 87, making absolute rule to open judgment in case of Gettie Dillen, Admx. of David Dillen, v. David Dillen, Admr. of Jesse E. Dillen. Pule to open judgment. The petition for the rule was filed by the widow and children of Jesse E. Dillen, the defendant in the judgment. They claimed that the judgment note was given by Jesse E. Dillen to his son, David L. Dillen, without consideration with intent to defraud his creditors, and with intent to defraud Jesse E. Dillen’s wife. A. L. Smith, P. J.,…
1Opinion of the Court
Per Curiam,
The question in this case is not one of discretion but of jurisdiction. No court or judge has jurisdiction or authority to open a regular judgment without some evidence of a valid defense. In this case there is none whatever. A father gave a judgment note to a son. It was entered up and twice revived by scire facias in the father’s lifetime without any objection by him. Presumably in the absence of evidence of a debt it was a gift, but there was some testimony of loose declarations that it was “ to protect the father’s estate,” i. e., to defraud creditors. Under neither aspect was…
2Cases cited3 opinions
- Hummel's EstateSupreme Court of Pennsylvania · 1894
- Cosgrove v. CummingsSupreme Court of Pennsylvania · 1900
- Candor & Henderson's AppealSupreme Court of Pennsylvania · 1856
3Cited by5 opinions
- Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932
- Kirk v. KirkSupreme Court of Pennsylvania · 1940
- Canter v. CanterSuperior Court of Pennsylvania · 1976
- Binkley v. NoltSuperior Court of Pennsylvania · 1911
- Canter v. CanterSuperior Court of Pennsylvania · 1976