Gorman v. Hibernian Building & Loan Ass'n
Supreme Court of Pennsylvania
Appeal, No. 346, Jan. T., 1892, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1890, No. 97, discharging rules on plaintiff, William Gorman, to strike off or open judgment. Assumpsit for professional services as attorney at law. From the record it- appeared that Oct. 1,1890, plaintiff issued his writ, and on the same day filed his statement and served a copy upon the secretary of defendant association.
Read the full summary
Appeal, No. 346, Jan. T., 1892, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1890, No. 97, discharging rules on plaintiff, William Gorman, to strike off or open judgment. Assumpsit for professional services as attorney at law. From the record it- appeared that Oct. 1,1890, plaintiff issued his writ, and on the same day filed his statement and served a copy upon the secretary of defendant association. On Oct. 2d, the writ was served upon defendant by the sheriff. On Nov. 29, 1890, proof of service of copy of statement was filed and judgment entered for want of an affidavit of…
1Opinion of the Court
Per Curiam,
The judgment in this case was regularly entered, and we find no error in the refusal of the court below, either to strike it off or open it. It appears that the statement of plaintiff’s claim had been filed with the prsecipe, and served upon the defendant a few hours before the writ had been served upon it by the sheriff. . The fact that the plaintiff’s office boy served the statement before the service of the summons, is not material. There was nothing in it which necessarily misled the defendant. The statement was upon the record of the court, and an examination of it would have…
2Cited by5 opinions
- Murta v. ReillySupreme Court of Pennsylvania · 1922
- Loeb v. AllenSuperior Court of Pennsylvania · 1906
- Glazer v. SanetSuperior Court of Pennsylvania · 1928
- Dillman v. Markle, Pennsylvania Court of Common Pleas, Adams County1937
- Smith v. Bergdoll, Pennsylvania Court of Common Pleas, Philadelphia County1931