McDermott v. Bennett

Supreme Court of Pennsylvania
McDermott v. Bennett, 213 Pa. 129 (Pa. 1905)
62 A. 637; 1905 Pa. LEXIS 390
Brown, Cueiam, Elkin, Fell, Mestbezat, Mitchell, Potteb, Stewabt

McDermott v. Bennett

Opinion of the Court

Pee Cueiam,

These two cases are substantially alike and were argued together.

The appellant in her affidavit for a rule to open the judgments sets out that the. notes were given to counsel by a client who was in serious difficulties under circumstances which, even if they should not be shown to amount to fraud and coercion as charged, are certainly such as to justify full investigation.

Order reversed and rule, directed to be allowed.

Reference

Full Case Name
McDermott v. Bennett, Appellant Johnston v. Bennett
Cited By
1 case
Status
Published
Syllabus
Judgment — Opening judgment — Attorney and client. A rule to open a judgment entered on a judgment note given to counsel by a client when in serious difficulties, will be allowed, where the affidavit for the rule avers fraud and coercion, and the circumstances are such as to justify judicial investigation.