Commonwealth v. Bangs
Superior Court of Pennsylvania
Appeal, No. 115, Oct. T., 1902, by Edward J. Brophy, on judgment of C. P. No. 2, June T., 1901, No. 2179, for want of an affidavit of defense in case of Commonwealth to use of Dora Lazarow and Isaac Lazarow v. Peter Bangs, Edward J. Brophy and J. Burrwood Daly. Judgment entered for want of an affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment prematurely.
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Appeal, No. 115, Oct. T., 1902, by Edward J. Brophy, on judgment of C. P. No. 2, June T., 1901, No. 2179, for want of an affidavit of defense in case of Commonwealth to use of Dora Lazarow and Isaac Lazarow v. Peter Bangs, Edward J. Brophy and J. Burrwood Daly. Judgment entered for want of an affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment prematurely. At least fifteen days must expire after the service of the summons before judgment can be entered: Bank v. Cooke, 3 Pa. Superior Ct. 278; Weigley v. Teal, 125 Pa. 498;…
1Opinion of the Court
Opinion by
Orlady, J.,
This is an ancillary proceeding, an action of assumpsit on a *404bond entered in an action commenced by capias, and the appellant, Edward J. Brophy, was one of the sureties on the bond filed in the original proceeding. The summons was issued May 7, 1892, and made returnable the third Monday of May, 19bh. On the same day the plaintiff filed a statement and obtained a rule to file an affidavit of defense. The statement and rule to- file affidavit were served on May 7, but the summons was not served on this appellant until May 19, the return day. On May 28, the plaintiff took…
2Cases cited6 opinions
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Marlin v. WatersSupreme Court of Pennsylvania · 1889
- Weigley v. TealSupreme Court of Pennsylvania · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. BergdollSuperior Court of Pennsylvania · 1931
- Loeb v. AllenSuperior Court of Pennsylvania · 1906
- Smith v. Bergdoll, Pennsylvania Court of Common Pleas, Philadelphia County1931