Post v. Wallace
Supreme Court of Pennsylvania
Error to tlie Court of Common Pleas of McKean county: Of July Term 1884, No. 141. Assumpsit, by J. K. Wallace against Joseph Post to recover for professional servic.es as an attorney-at-law. On March 24th, 1888, plaintiff filed a narr. consisting of the common counts, and on the same day filed a statement of claim for professional services as an attorney-at-law.
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Error to tlie Court of Common Pleas of McKean county: Of July Term 1884, No. 141. Assumpsit, by J. K. Wallace against Joseph Post to recover for professional servic.es as an attorney-at-law. On March 24th, 1888, plaintiff filed a narr. consisting of the common counts, and on the same day filed a statement of claim for professional services as an attorney-at-law. No appearance was entered for defendant, and on April 18, 1888, plaintiff had judgment entered for the amount of the claim filed for want of an affidavit of defence, under the Rule of Court, which is as follows : — - Rule XIV., Sec.…
1Opinion of the CourtJustice Green
The judgment entered in this case was for want of an affidavit of defence. The record undoubtedly shows that a motion was made to strike off the judgment, thus: “And now, May 28th, 1883, defendant by attorney moves the court to strike off the judgment taken in default in this case for the reasons: 1st. Defendant had entered no appearance, hence plaintiff was not entitled to an affidavit of defence, and could not take judgment for want of an affidavit of defence. 2d. The plaintiff’s declaration is not such that plaintiff was entitled to judgment by default for want of appearance or affidavit…
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