Baker v. Lukens
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a judgment entered in favour of Abel Lukens against George.Baker and Mary L. Baker, his wife, late Mary Louisa Spooner, on a bond and warrant of attorney executed by Mary Louisa Spooner, before her marriage with George Baker, dated the 28th February 1858, and conditioned for the payment of $4500, with legal interest for the same-. With the warrant of attorney, the plaintiff filed a declaration, and also an affidavit,…
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Error to the District Court of Philadelphia. This was a judgment entered in favour of Abel Lukens against George.Baker and Mary L. Baker, his wife, late Mary Louisa Spooner, on a bond and warrant of attorney executed by Mary Louisa Spooner, before her marriage with George Baker, dated the 28th February 1858, and conditioned for the payment of $4500, with legal interest for the same-. With the warrant of attorney, the plaintiff filed a declaration, and also an affidavit, ■setting forth the subsequent marriage of the defendants. The defendants applied for and obtained a rule to show cause why…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
A warrant of attorney to confess a judgment cannot be expressly revoked, nor is such warrant given by a feme sole revoked by her subsequent marriage, but the court will, notwithstanding the marriage, allow the judgment to be entered up against the husband and wife. The English cases are collected in the tenth edition of Chitty’s Archbold’s Practice, by Prentice, of 1858, pp. 915, 916, where it is said, that if one feme sole give a warrant of attorney to another, and they both marry, the court will allow judgment to be entered up by husband and…
2Cited by5 opinions
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- Williams v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Ankeny, Admr. v. LohrSuperior Court of Pennsylvania · 1930
- Burig v. Washington County Commissioners, Pennsylvania Court of Common Pleas, Washington County1943
- Commonwealth v. SilvertNorthampton County Court of Quarter Sessions · 1925