Legal Opinion

Public Ledger Co. v. Kleinman

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 77PublishedCited by 4 opinions

Appeal, No. 77, Oct. T., 1920, by plaintiff, from judgment of Municipal Court of Philadelphia, Dec. T., 1919, No. 37, making absolute rule to open judgment in the case of Public Ledger Co. v. H. J. Kleinman. Rule to open judgment. The facts are stated in the opinion of the Superior Court. The court made absolute the rule to open the judgment. Plaintiff appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Trexler, J.,

Judgment was entered against the defendant for want of an affidavit of defense. His counsel promptly presented a petition to have it opened, and at the same time proffered an affidavit of defense showing that the plaintiff’s claim had been paid. The petition was supported by depositions. The affidavit of defense was sworn to and ready for filing on December 15th, and if it had been filed on that day judgment would have been prevented. The attorney in the case neglected to file it until December 17th, and in the meantime judgment was entered.

The court opened the judgment…

2Cases cited2 opinions

  1. Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
  2. Cinnaminson Park Co. v. LawsSuperior Court of Pennsylvania · 1916

3Cited by4 opinions

  1. Kozuhowski Reuss v. Snigel SnigelSuperior Court of Pennsylvania · 1926
  2. Baile Co., Inc. v. Stong StongSuperior Court of Pennsylvania · 1924
  3. Welzel v. Link-Belt Co.Superior Court of Pennsylvania · 1943
  4. Mann v. Schneller, Pennsylvania Court of Common Pleas, Northampton County1928

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