Legal Opinion

First National Bank v. Carroll Township

Superior Court of Pennsylvania

Decided April 16, 1940No. Appeal, 270PublishedCited by 2 opinions

1Opinion of the Court

Per Curiam,

By the amendment of May 3, 1917, P. L. 149, to section 12 of the Practice Act of 1915, P. L. 483, it was provided, “That counties, cities, boroughs, townships, school districts and other municipalities shall not be required to file an affidavit of defense.” This incorporated into the Practice Act a similar provision of the Act of April 26, 1893, P. L. 26.

In consequence, judgment cannot be entered against a township, or other municipality, for want of a sufficient affidavit of defense: Schjerup v. Upper Merion Twp. Sch. Dist., 130 Pa. Superior Ct. 249, 196 A. 922. If an affidavit of…

2Cases cited4 opinions

  1. Corry v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
  2. Cowan v. NagelSuperior Court of Pennsylvania · 1925
  3. Morgan v. DebonSupreme Court of Pennsylvania · 1940
  4. Schjerup v. Upper Merion Township School DistrictSuperior Court of Pennsylvania · 1937

3Cited by2 opinions

  1. First National Bank v. Carroll TownshipSuperior Court of Pennsylvania · 1942
  2. Arch v. Slovene National Benefit SocietySuperior Court of Pennsylvania · 1944

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