Dalton v. Willingmyre

Citations

• 60 Pa. Super. 225
• 1915 Pa. Super. LEXIS 173

Syllabus

<p>Judgment — Warrant of attorney to enter judgment — Bailment— Practice, G. P.</p> <p>Where a lease of chattels provides that on default of any installment of hire, the lessor may take immediate possession of the property, or if he does not do so, the whole hire for the whole term shall immediately become due and payable, and the lessee, further authorizes “any attorney of any court of record in Pennsylvania,- or elsewhere, to appear for, and to confess judgment against him for the amount so due and unpaid,” a judgment entered against the lessee on a praecipe signed by an attorney, as attorney for the lessor, will not be stricken off because of such irregularity, inasmuch as the prothonotary had power under the Act of February 24,-1806,4 Sm, L. 278, to enter judgment on such a warrant of attorney. ■ In such a case the fact that ten installments had been paid at their maturity and this is set forth in a suggestion under oath filed with the léase, does not deprive the plaintiff from asserting the judgment for the amount actually due and unpaid.</p>