Harper v. Biles
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of July Term 1886, No. 169. Rule to show cause why judgment taken by default for want of an affidavit of defence should not be stricken off, and to stay proceedings on an attachment execution.
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Error to the Court of Common Pleas of Chester county: Of July Term 1886, No. 169. Rule to show cause why judgment taken by default for want of an affidavit of defence should not be stricken off, and to stay proceedings on an attachment execution. The facts of the ease sufficiently appear in the following opinion of the court discharging the rule: The plaintiff brought suit against the defendant on March 20th, 1879, and filed his statement of his cause of action March 22d, 1879. The summons was. served on the defendant March 24th, 1.879, and judgment by default taken April 3d,' 1879, for…
1Opinion of the Court
*599The opinion of the court was filed March 7th, 1887.
Pee Curiam.
— The reasons stated in the opinion of the learned judge clearly justify the court in refusing to strike oft the judgment. Not only were the laches too great, under the undisputed facts, for the defendant below to successfully invoke the aid of the equitable power of the court, but the judgment had also been regularly and duly revived: Duff v. Wynkoop, 74 Pa. St., 305.
Judgment affirmed.
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- Osttowski v. SmithSupreme Court of Pennsylvania · 1983
- Keiper v. KeiperSuperior Court of Pennsylvania · 1985
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