CARLSON v. SHERWOOD


416 Pa. 286 (1965)

Carlson, Appellant, v. Sherwood.

Supreme Court of Pennsylvania.

January 5, 1965.


Attorney(s) appearing for the Case

Elton F. Carlson, for appellant.

Richard W. Mutzabaugh, with him Mutzabaugh & Mutzabaugh, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE EAGEN, January 5, 1965:

This is an appeal from an order in the court below opening a judgment entered by virtue of a warrant of attorney included in a promissory note. The order will be reversed.

The judgment involved was entered on August 27, 1942, upon a note dated January 1, 1941. The petition to open, alleging forgery of the note, was not filed until April 11, 1963. During the intervening years, the judgment was revived on three...

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