Yost v. Mensch
Supreme Court of Pennsylvania
APPEALS BY PLAINTIFFS FROM THE COUNT OF COMMON PLEAS OF BERKS COUNTY. January Term 1891, Sup. Ct.; court below, Nos. 8 November Term 1885,106 June Term 1887, C. P. On November 12, 1885, judgment was entered in the court below in favor of J. C. Yost & Co., and against A. B. Mensch and Jacob G. Mensch, upon a judgment note signed by the defendants, dated November 1Ó, 1885, for $1,000, payable six years after date, with interest half-yearly.
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APPEALS BY PLAINTIFFS FROM THE COUNT OF COMMON PLEAS OF BERKS COUNTY. January Term 1891, Sup. Ct.; court below, Nos. 8 November Term 1885,106 June Term 1887, C. P. On November 12, 1885, judgment was entered in the court below in favor of J. C. Yost & Co., and against A. B. Mensch and Jacob G. Mensch, upon a judgment note signed by the defendants, dated November 1Ó, 1885, for $1,000, payable six years after date, with interest half-yearly. On February 4, 1887, a writ of fieri facias was issued upon the judgment for the collection of a semi-annual instalment of interest. On February 21, 1887,…
1Opinion of the Court
OPINION,
Mr. Chief Justice Paxson :
The case first above stated [No. 352] was an appeal from the order of the court below opening the judgment. The rule to open was obtained upon the petition, supported by affidavit, of Jacob G. Mensch, one of the defendants. The other defendant was his son, and the petition and affidavit certainly dis*83close a fraud practiced upon the petitioner in obtaining the judgment. It is not required that we should detail the particulars of the alleged fraud. The answer to the rule was in these words: “ The plaintiff above named, for answer to the rule granted upon the…
2Cases cited4 opinions
- Phillips v. MeilySupreme Court of Pennsylvania · 1884
- Bitner v. Boone, Pennsylvania Court of Common Pleas, Lancaster County1889
- Sylvius v. KosekSupreme Court of Pennsylvania · 1887
- Charles v. HuberSupreme Court of Pennsylvania · 1875
3Cited by3 opinions
- Guernsey v. FroudeSuperior Court of Pennsylvania · 1900
- Chicago Cottage Organ Co. v. McManigalSuperior Court of Pennsylvania · 1898
- Winings v. HearstSuperior Court of Pennsylvania · 1901