Weigley v. Teal
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 128 January Term 1889, Sup. Ct.; court below, No. 49 September Term 1888, C. P. No. 2. On October 22, 1888, Levi Teal, Blythe C. Andrews and Edward Ilazlehurst, liquidating trustees of the Hamilton Straw Lumber Co., Limited, issued a summons in assumpsit against William W. Weigley, to recover $1,551 principal and interest on two promissory notes made by the defendant in favor of said company.
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ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 128 January Term 1889, Sup. Ct.; court below, No. 49 September Term 1888, C. P. No. 2. On October 22, 1888, Levi Teal, Blythe C. Andrews and Edward Ilazlehurst, liquidating trustees of the Hamilton Straw Lumber Co., Limited, issued a summons in assumpsit against William W. Weigley, to recover $1,551 principal and interest on two promissory notes made by the defendant in favor of said company. The summons was made returnable to the first Monday in November following, which was November 5,1888. On October 24, 1888, the…
1Opinion of the Court
Opinion,
Me. Justice Sterrett :
There was no error in entering judgment against defendant below for so much of the plaintiffs’ demand as was not covered by defendant’s affidavit of defence.
On October 24, 1888, two days after summons was issued and service thereof was accepted, and twelve days before return day, plaintiffs’ statement of claim, in due form under the act of May 25, 1887, was filed and served on defendant. On November 3d, his affidavit of defence, as to part of the claim, was filed ; on November 14th, rule for judgment as to the residue was taken, and on November 24th, nineteen…
2Cited by6 opinions
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- North v. YorkeSupreme Court of Pennsylvania · 1896
- William Flaccus Oak Leather Co. v. HeasleySuperior Court of Pennsylvania · 1912
- Commonwealth v. BangsSuperior Court of Pennsylvania · 1903
- Tobyhanna & Lehigh Lumber Co. v. Home Ins.Supreme Court of Pennsylvania · 1895
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