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155 Pa. 331

McCormick v. Bottorf

Supreme Court of Pennsylvania

Decided May 1, 1893

Supreme Court of Pennsylvania · decided 1893-05-01

Appeals, Nos. 379 and 380, by defendants, Lydia Bottorf and J. G. Bottorf, her husband, from order oí C. P. Centre Co., Jan. T., 1891, Nos. 156 and 157, discharging rules to open and strike off judgments in favor of Charles B. McCormick and John T. McCormick to use of J. N. Krumrine. Rules to open and strike off confessed judgments. The facts were found as follows by Furst, P. J: “ 1. J. G. Bottorf, the husband of Lydia Bottorf, is without property or credit. “ 2.

Cited by 2 later decisions — most recently April 1897

2 state decisions

Relies on Adams v. Grey · Abell v. Chaffee · Latrobe Building & Loan Ass'n v. Fritz

Good law ✅— No negative treatment on recordhow we know

Decided 1893-05-01

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Per Curiam,

¶1This appeal is from the order of court refusing to open the judgment as to the defendant Lydia Bottorf, wife of the other defendant, and let her into a defence.

¶2The facts found by the learned judge are specifically stated in his opinion. The fourth to the seventh of these, inclusive, are the subjects of complaint in the first four specifications of error respectively. An examination of the testimony shows that the findings complained of were fully warranted, and said specifications are therefore not sustained. The conclusions, drawn by the learned judge from the evidence, etc., complained of in the fifth and sixth specifications are not erroneous.

¶3The questions of law involved in the seventh and eighth specifications have been considered and definitely settled in several recent decisions, construing “ the married persons property act” of June 3, 1887, among which are, Latrobe, etc. Association v. Fritz, 152 Pa. 224; Milligan v. Phipps, 153 Pa. 208; Abell v. Chaffee, 154 Pa. 256 ; Adams v. Grey, 154 Pa. 258. The questions of law now before us are ruled by these cases; and further discussion of them is therefore unnecessary.

¶4Neither of the specifications of error is sustained. The order of court refusing to open the judgment and let defendant into a defence is affirmed, and appeal dismissed, with costs to be paid by appellants.

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