Legal Opinion

Cooke v. Edwards

Superior Court of Pennsylvania

Decided November 19, 1900No. Appeal, No. 78PublishedCited by 6 opinions

Appeal, No. 78, Oct. T., 1900, by plaintiff, in suit of Jessie R. Cooke, assignee of James L. Cooke, who together with Jessie R. Cooke were the assignees of Sarah S. Edwards, guardian, who was the assignee of Robert M. Parsons, administrator of John M. Cooke, against Jesse S. Edwards, from decree of C. P. No. 3, Phila. Co., Sept. T., 1896, No. 725, making absolute rule to open judgment and let defendant into a defense.

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Appeal, No. 78, Oct. T., 1900, by plaintiff, in suit of Jessie R. Cooke, assignee of James L. Cooke, who together with Jessie R. Cooke were the assignees of Sarah S. Edwards, guardian, who was the assignee of Robert M. Parsons, administrator of John M. Cooke, against Jesse S. Edwards, from decree of C. P. No. 3, Phila. Co., Sept. T., 1896, No. 725, making absolute rule to open judgment and let defendant into a defense. Opinion by W. W. Pobteb, J. Rule to open judgment and let defendant into a defense. Before McMichael, J. The facts sufficiently appear in the opinion of the court. The court…

1Opinion of the Court

Opinion by

William W. Pontee., J.,

The learned court below has made absolute a rule to open a judgment entered on a bond by confession. We are at all times *414reluctant to overturn discretionary action and especially when the order is that of a chancellor whose conclusions are reached only after conscientious deliberation. We, however, are constrained to the conclusion that error was committed in this case. The ground upon which the rule to open is based is that the plaintiff in the judgment (being the assignee of the bond and of the mortgage securing it), is indebted to the defendant in a sum…

2Cases cited4 opinions

  1. Beaty v. BordwellSupreme Court of Pennsylvania · 1880
  2. Thorp v. WegefarthSupreme Court of Pennsylvania · 1868
  3. Rishel v. CrouseSupreme Court of Pennsylvania · 1894
  4. Stroud's AppealSupreme Court of Pennsylvania · 1885

3Cited by6 opinions

  1. Yezbak v. CroceSupreme Court of Pennsylvania · 1952
  2. Gettier v. FridaySupreme Court of Pennsylvania · 1953
  3. Kramer v. MossSuperior Court of Pennsylvania · 1927
  4. Gallen's EstateSuperior Court of Pennsylvania · 1901
  5. Adams ex rel. Drake v. Adams, Pennsylvania Court of Common Pleas, Montour County1925

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