Bown v. Morange ex rel. Hall
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Allegheny county: Of October and November Term, 1884, No. 207. Scire facias, by J. K. Morange to the use of Louis Hall, to revive and continue the lien of a certain judgment against James Bown.
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Error to the Court of Common Pleas No. 1 of Allegheny county: Of October and November Term, 1884, No. 207. Scire facias, by J. K. Morange to the use of Louis Hall, to revive and continue the lien of a certain judgment against James Bown. On the trial, before Stowe, P. J., the following facts appeared: On April 25th, 1871, Bown executed and delivered to Morange a bond in the penal sum of $24,000 conditioned for the payment of a debt of $12,000. This bond was secured by a mortgage of the same date on certain property in Allegheny City and both bond and mortgage were assigned, in May following,…
1Opinion of the CourtJustice Stebkett
The question involved in the first .four specifications of error is whether the offers of evidence therein recited were rightly rejected. In substance, the offers were to prove that at the time the judgment, which forms the basis of this action, was confessed, it was understood and agreed by and between *74plaintiff and defendant that the confession or judgment should not prejudice the latter in obtaining his discharge in bankruptcy, for which an application was then pending in the proper court; that if, in due course, he procured his discharge, plaintiff should stand upon the same footing as…
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