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OTTO v. POWERS

177 Pa.Super. 253 (1955)

Otto, Appellant, v. Powers.

Superior Court of Pennsylvania.

January 14, 1955.

Attorney(s) appearing for the Case

H. Durston Saylor, II, with him George V. Strong and Strong, Sullivan, Saylor & Ferguson, for appellant.

Theodore R. Mann, with him Maximillian J. Klinger, for appellees.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ.

OPINION BY WOODSIDE, J., January 14, 1955:

This is an appeal from the refusal of the court below to grant a new trial and enter judgment n.o.v. after verdict for the defendants.

Judgment had been entered in favor of the plaintiff and against the defendants in the amount of $2126 on a judgment note under seal. After petition to open the judgment, it was opened upon agreement of counsel. Complaint was then filed by plaintiff, followed by

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