Murphy v. Taylor
Superior Court of Pennsylvania
Appeal, No. 276, Oct. T., 1915, by plaintiff, from order of O. P. No. 3, Philadelphia Co., Dec. T., 1911, No. 3773, making absolute rule to quash the proceedings in case of Margaret A. Murphy v. William R. Taylor. Rule to quash proceedings. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule to quash the proceedings.
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Appeal, No. 276, Oct. T., 1915, by plaintiff, from order of O. P. No. 3, Philadelphia Co., Dec. T., 1911, No. 3773, making absolute rule to quash the proceedings in case of Margaret A. Murphy v. William R. Taylor. Rule to quash proceedings. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule to quash the proceedings. The first question involved is: Can the court by rule quash a suit because it is alleged in an affidavit that the suit is barred by the Statute of Limitations? The authorities on this question are all one way: the Statute of…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant brought an action of trespass against the defendant on the 20th of January, 1912. On March 11, 1913, a judgment of non pros was entered for want of a statement. The court having refused to take off the non pros a new action was brought on February 16, 1914, and docketed in the same number and term pursuant to a rule of court. This writ was returnable the first *87Monday of March, 1914. On November 20,1914, a statement and notice to plead was filed. On December 3, 1914, a rule to quash the writ was entered on an affidavit of the defendant setting forth that…
2Cases cited1 opinion
- Flemming v. Pennsylvania Insurance Co.Supreme Court of Pennsylvania · 1846
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- Swaney v. Georges Township Road DistrictSupreme Court of Pennsylvania · 1932
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