American Manufacturing Co. v. S. Morgan Smith Co.
Superior Court of Pennsylvania
Appeal, No. 27, March T. 1905, by plaintiff, from order of C. P. York Co., Jan. T. 1903, No. 58, making absolute rule to open judgment in case of The American Manufacturing Company to use of John V. Doniphan v. S. Morgan Smith Company. Rule to open judgment. Before Stewart, J. The opinion of the Superior Court states the case.'' Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Beaver, J.,
When this case was previously before us, American Mfg. Co. v. S. Morgan Smith Co., 25 Pa. Superior Ct. 176, the appeal was from an order making absolute a rule to show cause why the judgment entered for want of a plea should not be stricken off. The question was a purely legal one, presented upon technical grounds, and so considered by us. No alternative proposition was presented and none considered. The appellants there appealed to and relied upon the general rule that “ the court will not strike off judgment for matters de hors the record.” To this, however, there is…
2Cases cited3 opinions
- Davidson v. MillerSupreme Court of Pennsylvania · 1902
- American Manufacturing Co. v. S. Morgan Smith Co.Superior Court of Pennsylvania · 1904
- Lockard v. KeyserSuperior Court of Pennsylvania · 1901