Legal Opinion

Shroyer v. Smeltzer

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 59PublishedCited by 1 opinion

Appeal, No. 59, Oct. T., 1908, by plaintiff, from order of C. P. Bedford Co., Sept. T., 1906, No. 165, making absolute rule to open judgment in case of J. T. Sbroyer v. M. D. Smeltzer and Jacob Bowser. Rule to open judgment. ■ The opinion of the Superior Court states the case. Error assigned was order making absolute rule to open judgment.

1Opinion of the Court

Opinion by

Orlady, J.,

The court below made absolute a rule to open a judgment, *401and let the defendant into a defense; it was alleged that the note upon which the judgment was entered did not bear the defendant's signature, either by his own hand, or by his authority. After a full hearing, and consideration of all the testimony in the case, the court below was of the opinion that the case should be submitted to a jury for determination, and in so doing, was fully warranted by many decisions. To reverse the court below in such a case, it must clearly appear that the conclusion reached, based upon…

2Cases cited7 opinions

  1. Shannon v. CastnerSuperior Court of Pennsylvania · 1902
  2. Charles D. Kaier Co. v. O'brienSupreme Court of Pennsylvania · 1902
  3. Schomaker v. DeanSupreme Court of Pennsylvania · 1902
  4. Ilyus v. BuchSupreme Court of Pennsylvania · 1907
  5. Zajaczkowski v. JawerSuperior Court of Pennsylvania · 1908

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3Cited by1 opinion

  1. Bank of Commerce v. McCartyNebraska Supreme Court · 1930

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