Zartman v. Spangler
Superior Court of Pennsylvania
Appeal, No. 116, Oct. T., 1902, by defendant, from order of C. P. Lebanon Có., June T., 1901, No. 248, discharging rule to open judgment in case of J. M. Zartman v. John H. Spangler and J. W. Spangler. Rule to open judgment. From the record it appeared that the judgment in question had been entered on a judgment note given in part payment of the purchase price of a horse. All the material facts disclosed by the testimony are stated in the opinion of the Superior Court.
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Appeal, No. 116, Oct. T., 1902, by defendant, from order of C. P. Lebanon Có., June T., 1901, No. 248, discharging rule to open judgment in case of J. M. Zartman v. John H. Spangler and J. W. Spangler. Rule to open judgment. From the record it appeared that the judgment in question had been entered on a judgment note given in part payment of the purchase price of a horse. All the material facts disclosed by the testimony are stated in the opinion of the Superior Court. The court discharged the rule to open the judgments Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Orlady, J.,
A judgment in plaintiff’s favor and against the defendants *649was entered in the court of common pleas, for $90.00. It was founded upon a note, with the confession of judgment therein, dated January 28,1901, payable sixty days after date with cost of suit, and release of errors, five per cent collection fee, stay of execution and waiver of exemption. The defendant presented a petition and secured a rule to show cause why the judgment should not be opened, which rule was granted. After the plaintiff had filed an answer a commissioner was appointed to take testimony, and there…
2Cases cited7 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Blauvelt v. KemonSupreme Court of Pennsylvania · 1900
- Stephan v. HudockSuperior Court of Pennsylvania · 1897
- Rehm v. FrankSuperior Court of Pennsylvania · 1901
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