Abeles v. Powell

Citations

• 6 Pa. Super. 123
• 1897 Pa. Super. LEXIS 322

Syllabus

<p>Promissory note — Married woman as guarantor — Affidavit of defense.</p> <p>In a suit on a promissory note signed jointly by husband and wife an affidavit, on behalf of the wife, is sufficient, which avers coverture, no indebtedness to the plaintiff, and that the wife signed the note upon which suit is brought as a guarantor.</p> <p>Practice, Superior Gourt — ■Appeal—Refusal to open after term expired.</p> <p>The court below is without authority to open a judgment after the end of the term at which it was rendered, unless it be a judgment by default or confession, which every court has power to open without limit of time, in order to give the parties a hearing or trial.</p> <p>A judgment for want of a sufficient affidavit of defense is not a judgment by default or confession.</p>