Schomaker v. Dean
Supreme Court of Pennsylvania
Appeal, No. 74, Oct. T., 1901, by-plaintiffs, from order of C. P. No. 2, Allegheny Co., Oct. T., 1894, opening judgment and from judgment on verdict in case of William Schomaker and Frederick Schomaker, trading as Schomaker & Company, v. John H. Dean, Charles F. Marshall and James Matthews. From the record it appeared that judgment had been entered under warrant of attorney contained in a judgment note.
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Appeal, No. 74, Oct. T., 1901, by-plaintiffs, from order of C. P. No. 2, Allegheny Co., Oct. T., 1894, opening judgment and from judgment on verdict in case of William Schomaker and Frederick Schomaker, trading as Schomaker & Company, v. John H. Dean, Charles F. Marshall and James Matthews. From the record it appeared that judgment had been entered under warrant of attorney contained in a judgment note. The defendant in his petition to open the judgment, and at the trial claimed that his signature to the note had been forged. On the face of the note the name of Wilson Martin appeared as “…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The suggestion that the appeal was not taken in time to entitle the defendant to a review of the order of the court opening the judgment, raises a question of practice under the act of May 20, 1891, which should be settled. The rule to show cause why the judgment should not be opened and the defendant let into a defense, was made absolute in September, 1899. A separate appeal was not taken from the order. It is assigned as error in the appeal which was taken after the trial of the issue *441and more than six months after the order was made. The act of April 4, 1877,…
2Cases cited3 opinions
- English v. HagerSupreme Court of Pennsylvania · 1888
- Citizens' Building & Loan Ass'n v. Hoagland & GassSupreme Court of Pennsylvania · 1878
- Huston v. Ticknor & Co.Supreme Court of Pennsylvania · 1882
3Cited by19 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Austen v. MarzolfSupreme Court of Pennsylvania · 1928
- Boyd v. KirchSupreme Court of Pennsylvania · 1912
- First National Bank & Trust Company v. StolarSuperior Court of Pennsylvania · 1937
- Scharfman v. Philadelphia Transportation Co.Superior Court of Pennsylvania · 1975
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