Ridley v. McKinley Mutual Beneficial Society
Superior Court of Pennsylvania
Appeal, No. 250, Oct. T., 1910, by defendants, from order of C. P. Delaware Co., June T., 1905, No. 266, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William H. Ridley v. McKinley Mutual Beneficial Society, defendant, and W. S. Sykes and George Nugent, sureties. Appeal from a judgment of a justice of the peace. Scire facias sur recognizance. The facts appear by the opinion of the Superior Court.
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Appeal, No. 250, Oct. T., 1910, by defendants, from order of C. P. Delaware Co., June T., 1905, No. 266, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William H. Ridley v. McKinley Mutual Beneficial Society, defendant, and W. S. Sykes and George Nugent, sureties. Appeal from a judgment of a justice of the peace. Scire facias sur recognizance. The facts appear by the opinion of the Superior Court. Errors assigned were as follows: 1. The court erred in making plaintiff’s rule for judgment for want of a sufficient affidavit of defense on the part of…
1Opinion of the Court
Opinion by
Morrison, J.,
We have in this case a lawyer for plaintiff and one of the defendants is also a lawyer and they have presented for our consideration a very peculiar record. It appears .that the appellee obtained a judgment before a justice of *513the peace against McKinley Mutual Beneficial Society and that defendant appealed to the common pleas of Delaware county, and W. S. Sykes and George Nugent became bail absolute for debt, interest and costs, to be paid on affirmance of the judgment. The case appears to have been put at issue in the common pleas and after some skirmishing between the…
2Cases cited1 opinion
- Young v. ColvinSupreme Court of Pennsylvania · 1895
3Cited by1 opinion
- Commonwealth v. GouldSuperior Court of Pennsylvania · 1912