Hoover v. Summerville
Superior Court of Pennsylvania
Appeal, No. 91, April T., 1917, by plaintiff, from judgment of C. P. Clarion Co., Dec. T., 1911, No'. 27, for defendant, on case tried by the court without a jury in case of W. L. Hoover, Administrator of John Hoover, deceased, v. H. B. Summerville, Executor of J. H. Powers, deceased. Rule to open judgment.
Read the full summary
Appeal, No. 91, April T., 1917, by plaintiff, from judgment of C. P. Clarion Co., Dec. T., 1911, No'. 27, for defendant, on case tried by the court without a jury in case of W. L. Hoover, Administrator of John Hoover, deceased, v. H. B. Summerville, Executor of J. H. Powers, deceased. Rule to open judgment. Criswell, P. J., filed the following opinion: Trial before the court without a jury as per submission dated December 21, 1911, and filed. pacts, 1. The judgment in the above entitled case was entered by the prothonotary, September 7, 1911, upon a note containing the ordinary warrant of…
1Opinion of the Court
Per Curiam,
A petition was presented to the court below to open a judgment for the reason that the .debt represented by the note had been paid in full before the judgment was entered of record. After the taking of depositions, it was agreed to by counsel for the respective parties, that a' trial by jury should be dispensed with and the decision of the case should be submitted to Judge Cbiswelii, presiding judge of the 28th Judicial District, specially presiding. , After full hearing the court found as a fact, that the note in suit was paid as alleged by the defendant prior to the date of the…
2Cited by3 opinions
- Page v. WilsonSuperior Court of Pennsylvania · 1942
- United States v. American Caramel Co.District Court, E.D. Pennsylvania · 1959
- Nevin v. Caldwell Et Ux.Superior Court of Pennsylvania · 1933