Adams v. Bachert
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of January Term 1877, No. 146. This case arose out of proceedings to.open a judgment entered on a judgment note given by George Bachert to Adams, Hal deman & Co. The facts are given in the opinion of the court. On the first question raised in the issue the jury found for the plaintiffs; on the second, they found for the defendant — that he did not know that the note contained a waiver of the $300 exemption law.
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Error to the Court of Common Pleas of Lehigh county: Of January Term 1877, No. 146. This case arose out of proceedings to.open a judgment entered on a judgment note given by George Bachert to Adams, Hal deman & Co. The facts are given in the opinion of the court. On the first question raised in the issue the jury found for the plaintiffs; on the second, they found for the defendant — that he did not know that the note contained a waiver of the $300 exemption law. After judgment on the verdict the plaintiffs took this writ of error.
1Opinion of the CourtJustice Gordon
On the 7th day of November 1874, George Bachert executed and delivered to the plaintiffs, Adams, Hal deman & Co., his judgment note containing, inter alia, a clause waiving the benefit of the Act of Assembly exempting property from execution, and agreeing that all his goods and effects might be taken in satisfaction of the debt, in said note mentioned. Judgment was entered thereon and a fi. fa. issued. Afterwards the court, on motion to open the judgment and stay the writ, directed an issue to try: 1. “ Whether or not the defendant confessed the above judgment2. “ Whether or not the defendant…
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