Littster v. Littster
Supreme Court of Pennsylvania
Appeal, No. 22, Oct. T., 1892, by defendant, Sarah Littster, from order of C. P. Indiana Co., discharging rule to open judgment. Petition to open judgment entered on transcript of judgment of justice of the peace.
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Appeal, No. 22, Oct. T., 1892, by defendant, Sarah Littster, from order of C. P. Indiana Co., discharging rule to open judgment. Petition to open judgment entered on transcript of judgment of justice of the peace. The facts appear by the opinion of the Supreme Court. ' The court below, White, P. J., in an opinion discharged a rule to open the judgment, on the ground of laches and because the averment of coverture was no defence under the act of 1887. Error assigned was order of court discharging rule.
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
The summons, to appear before the justice of the peace on October 26, 1888, was served personally on the defendant, but she disregarded its mandate. Plaintiff appeared and introduced evidence tending to support his claim, an-d judgment was thereupon given in his favor and against defendant for two hundred and ninety-five dollars and costs. Defendant did not appeal therefrom; nor did she, in any form, make application for relief for nearly three years thereafter. About a year after rendition of the judgment a duly certified transcript thereof was entered in the…
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