Legal Opinion

Work v. Adams

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 110PublishedCited by 4 opinions

Appeal, No. 110, April T., 1918, by Lon R. Adams, from order of C. P. Jefferson Co., April T., 1918, No. 22, discharging rule to open judgment in case of A. N. Work, A. L. Lukehart, McKean Harl, surviving and liquidating partners of the firm of A. N. Work, trading and doing business as The Falls Creek Planing Mill Company, v. Lon R. Adams and J. J. Heiges, trading and doing business under the firm name and style of Adams and Heiges. Rule to. open judgment.

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1Opinion of the Court

Opinion by

Henderson, J.,

This is an appeal from the refusal of the court to open a judgment taken by default for want of an affidavit of defense in an action of assumpsit. The summons and a copy of the statement of claim were regularly served on the appellant Lon R. Adams. More than fifteen days after the date of the service, no affidavit having been filed, judgment was taken pursuant to the provisions of Section 17 of the Practice Act of 1915.' The petition to open does not set forth a sufficient excuse for the omission to file an affidavit, nor do we find in the depositions taken any…

2Cases cited3 opinions

Borough v. RoehmeSupreme Court of Pennsylvania · 1900
Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
Philadelphia v. AdamsSuperior Court of Pennsylvania · 1900

3Cited by4 opinions

Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
C. B. Goorin Co. v. De Robbio, Pennsylvania Court of Common Pleas, Lawrence County1928
Pangborn Corp. v. Blatt, Pennsylvania Court of Common Pleas, Berks County1922
Schwartz v. Stewart, Pennsylvania Court of Common Pleas, Lawrence County1945