Wertz v. Klinger
Superior Court of Pennsylvania
Appeal, No. 23, March T., 1904, by plaintiff, from order of C. P. Perry Co., Aug. T., 1899, No. 107, making absolute rule to open judgment, in case of William Wertz v. S. E. Klinger and M. L. Horting. Rule to open judgment. . Before Schull, P. J. The facts appear by the opinion of the Superior Court. The court made absolute the rule to open the judgment. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Oklady, J.,
On March 16, 1898, the defendants gave to the plaintiff a note providing that “ Eight months after date, we promise to pay to the order of William Wertz, for canal boats Nos. 319 and 320, $500, without defalcation for value received, and with authority to enter judgment, with release of errors, waiving execution,” etc. A judgment was entered on the note on October 28, 1899, and on September 4, 1902, an execution was issued. A few days thereafter a petition ■ was presented for a rule to show cause why the fieri facias should not be stayed, and the defendants let into a…
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