Philadelphia v. Johnson
Supreme Court of Pennsylvania
Appeal, No. 274, Jan. T., 1903, by plaintiff, from judgment of Superior Ct., Oct. T., 1903, No. 85, reversing order of C. P. No. 2, Phila. Co., June T., 1902, No. 2338, discharging rule to open judgment in case of Philadelphia v. Frank Johnson. Appeal from Superior Court. Smith, J., filed the following opinion : None of the rights arising from the relation of lessor and lessee is in controversy here ; hence the authorities respecting them have no application.
Read the full summary
Appeal, No. 274, Jan. T., 1903, by plaintiff, from judgment of Superior Ct., Oct. T., 1903, No. 85, reversing order of C. P. No. 2, Phila. Co., June T., 1902, No. 2338, discharging rule to open judgment in case of Philadelphia v. Frank Johnson. Appeal from Superior Court. Smith, J., filed the following opinion : None of the rights arising from the relation of lessor and lessee is in controversy here ; hence the authorities respecting them have no application. The issue in the case does not..involve the right but the remedy. The question before us is whether the power given in the lease…
1Opinion of the Court
Per Curiam,
Under the power of attorney delivered in this case a judgment was entered June 5, 1902. As the learned judge of the Superior Court has clearly shown, on both reason and authority, that act was an exhaustion of the power conferred by the warrant. The confession of the second judgment on the same warrant was a nullity.
The decree of the Superior Court is affirmed for the reasons given by Judge Smith in his opinion filed.
2Cited by30 opinions
- Curry v. Bacharach Quality Shops, Inc.Supreme Court of Pennsylvania · 1921
- Scott Factors, Inc. v. HartleySupreme Court of Pennsylvania · 1967
- Grakelow v. KidderSuperior Court of Pennsylvania · 1928
- Pittsburgh Terminal Coal Corp. v. PottsSuperior Court of Pennsylvania · 1927
- Mars National Bank v. HughesSupreme Court of Pennsylvania · 1914
25 more not listed; retrieve them via the Exa API.