Bloomer v. Reed
Supreme Court of Pennsylvania
Error to the District Court of Allegheny County. This was an action of debt to January Term, 1853, by Robert M. Reed and Thomas McCombs against Elisha Bloomer, on a bond. A declaration was filed, and an affidavit of plaintiff’s attorney, as to the amount due, was filed at the time of the issuing of the writ. On 6th January, 1853, an affidavit of defence was filed.
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Error to the District Court of Allegheny County. This was an action of debt to January Term, 1853, by Robert M. Reed and Thomas McCombs against Elisha Bloomer, on a bond. A declaration was filed, and an affidavit of plaintiff’s attorney, as to the amount due, was filed at the time of the issuing of the writ. On 6th January, 1853, an affidavit of defence was filed. On 8th January, on part of the plaintiffs a rule was obtained to show cause why judgment should not be entered for want of a sufficient affidavit of defence. It appeared that after the argument of the rule but before the decision…
1Opinion of the Court
The opinion of the Court was delivered September 27, by
Knox, J.
Reed and McCoombs, defendants in error, brought an action of debt in the District Court of Allegheny, to recover the amount of a bond given by the plaintiff in error, Bloomer.
The defendants in the action filed an affidavit of defence within the time allowed by the rules of Court, which was deemed insufficient by the plaintiffs, and they obtained a rule to show cause why judgment should not be entered notwithstanding the affidavit.
After an argument on the rule, but twenty days before its determination by the court, the defendants…
2Cases cited1 opinion
- West v. SimmonsSupreme Court of Pennsylvania · 1837
3Cited by3 opinions
- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- Bernstein v. BrownSuperior Court of Pennsylvania · 1914
- Double-Day Hill Electric Co. v. Egan, Pennsylvania Court of Common Pleas, Westmoreland County1922