Banning v. Taylor
Supreme Court of Pennsylvania
ERROR to tbe District Court, Philadelphia. On tbe 20tb October, 1854, a judgment was confessed by attorney, in favor of William L. Banning v.. Franklin Taylor and Norris J. Embree, wbicb was founded on a bond and warrant of attorney. A bond, dated tbe 27 th January, 1854, was executed by Taylor and Embree, in the penalty of $9000; the condition of which was, that the obligors pay to Wm.
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ERROR to tbe District Court, Philadelphia. On tbe 20tb October, 1854, a judgment was confessed by attorney, in favor of William L. Banning v.. Franklin Taylor and Norris J. Embree, wbicb was founded on a bond and warrant of attorney. A bond, dated tbe 27 th January, 1854, was executed by Taylor and Embree, in the penalty of $9000; the condition of which was, that the obligors pay to Wm. S. Freeman the sum of $4500, “ at any time within three years, three months, and thirteen days from the date hereof, together with lawful interest for the same, the first payment to be made on the…
1Opinion of the Court
The opinion of the Court was delivered, May 30, 1855, by
Lewis, C. J.
A judgment was confessed against the defendants, by an attorney who appeared for the purpose without writ. The District Court granted a rule to show cause why the judgment should not be stricken off, and on the hearing made the rule absolute. The bond and warrant of attorney were produced in this Court, but they do not appear of record in the Court below-, and therefore it seems to be thought that we cannot look at them here. It is true that, in general, we cannot look at the evidence taken and heard on a rule to show cause…
2Cases cited1 opinion
- Everitt v. KnappNew York Supreme Court · 1810
3Cited by13 opinions
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- Miles v. LaytonSupreme Court of Delaware · 1937
- Pacific Lumber Co. v. RoddSupreme Court of Pennsylvania · 1926
- Lansdowne Bank & Trust Co. v. RobinsonSupreme Court of Pennsylvania · 1931
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