North v. Yorke
Supreme Court of Pennsylvania
Appeal, No. 313, January T., 1895, by plaintiffs, from order of C. P. Montgomery Co., Dec. T., 1894, No. 102, striking off judgment. Rule to show cause why judgment should not be opened. Before Swartz, P. J. The court made an order striking off the judgment from the record. The facts appear by the opinion of the Supreme Court. Error assigned was order striking off judgment.
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
It clearly appears by the record that this case was ripe for judgment on December 20, 1894, the sixteenth day after the writ and statement of claim were served on the defendant; and on that day judgment by default was accordingly entered against her for want of an affidavit of defense, and the amount liquidated at $410.19. No affidavit of defense having been theretofore filed, the judgment thus entered was undoubtedly regular and valid, and plaintiffs were entitled to all the incidents thereof, such as lien, etc., until it was legally reversed or…
2Cases cited6 opinions
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- Breden v. GillilandSupreme Court of Pennsylvania · 1871
- O'Hara v. BaumSupreme Court of Pennsylvania · 1876
- Adams v. GreySupreme Court of Pennsylvania · 1898
- Allen v. KripsSupreme Court of Pennsylvania · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Nixon v. NixonSupreme Court of Pennsylvania · 1938
- Rome Sales & Service Station v. FinchSuperior Court of Pennsylvania · 1935
- Lawrence v. SmithSupreme Court of Pennsylvania · 1906
- Spiese v. SheeSupreme Court of Pennsylvania · 1915
- Wofford v. VandiverCourt of Appeals of Georgia · 1945
17 more not listed; retrieve them via the Exa API.