Hutchinson v. Ledlie
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. ■ This was a judgment entered by virtue of a warrant of attorney, on the 28th July 1858, in favour of James A. Hutchinson and Edward Simpson, against Ledlie & Ulam, in trust for the benefit of the defendants’ creditors. The bond and warrant of attorney were executed by James E. Ledlie, one of the firm of Ledlie & Ulam, without the knowledge of his copartner.
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Error to the District Court of Allegheny county. ■ This was a judgment entered by virtue of a warrant of attorney, on the 28th July 1858, in favour of James A. Hutchinson and Edward Simpson, against Ledlie & Ulam, in trust for the benefit of the defendants’ creditors. The bond and warrant of attorney were executed by James E. Ledlie, one of the firm of Ledlie & Ulam, without the knowledge of his copartner. Execution having been issued on this judgment, and levied on the property of the firm, on the petition of Joseph J. Ulam, supported by affidavit, the court below, on the 7th August 1858,…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The' abundant caution of the defendants in preparing their paper-book, seems to us to have run into excess. On the evidence, we should probably decide the case as the court below did. But this is not the question raised by' this writ of error. In strict practice, it does not bring up the evidence, or if it does, it brings it up only that we judge of its competency. But the plaintiffs in error do not treat it as .brought up, and they assign no error upon it.
They raise only the question of the authority of the court to set aside their…
2Cited by7 opinions
- Mullen v. SlupeSupreme Court of Pennsylvania · 1948
- Wilson v. RichardSupreme Court of Pennsylvania · 1929
- Consumers Mining Co. v. ChatakSuperior Court of Pennsylvania · 1927
- Chubb v. Kelly, Pennsylvania Court of Common Pleas, Philadelphia County1922
- Commercial Alliance v. Pickett, Pennsylvania Court of Common Pleas, Luzerne County1943
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