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218 Pa. 222

Young v. Malone

Supreme Court of Pennsylvania

Decided May 13, 1907

Supreme Court of Pennsylvania · decided 1907-05-13

Appeal, No. 132, Jan. T., 1906, by defendants, from order of O. P. Blair Co., Oct. T., 1903, No. 617, refusing a continuance in case of M. A. Young, Guardian of James P. Malone et al., v. C. B. Malone et al. Scire facias sur mortgage. The opinion of the Supreme Court states the case. Yerdict and judgment for plaintiff. Defendant appealed. Error assigned amongst others was refusal of continuance.

Affirmed · Decided 1907-05-13

Per Curiam,

¶1The mortgage on which suit was brought was made to the plaintiff as guardian of minor children named in it and was payable when they became of age. The defense which it was attempted to set up was that the persons named as minors had become of age and that the right of action was in them. When the case was called for trial the defendants moved for a continuance on this ground. The overruling of the motion is assigned for error. The pleadings showed prima facie a right of action in the plaintiff and this right could not be questioned by a motion for a continuance. There is no merit in any of the assignments of error.

¶2The judgment is affirmed.

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