Cohn v. Post
Superior Court of Pennsylvania
Appeal, No. 275, Oct. T., 1921, by defendant, from judgment of the Municipal Court of Philadelphia, Aug. T., 1921, No. 799, making absolute rule for judgment for want of a sufficient affidavit of defense, and discharging rule to set aside judgment, in the case of Ben Cohn v. Estelle Post. Assumpsit for goods sold and delivered. Rule for judgment for want of sufficient affidavit of defense and rule to set aside judgment.
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Appeal, No. 275, Oct. T., 1921, by defendant, from judgment of the Municipal Court of Philadelphia, Aug. T., 1921, No. 799, making absolute rule for judgment for want of a sufficient affidavit of defense, and discharging rule to set aside judgment, in the case of Ben Cohn v. Estelle Post. Assumpsit for goods sold and delivered. Rule for judgment for want of sufficient affidavit of defense and rule to set aside judgment. The facts are stated in the opinion of the Superior Court. The court made absolute the rule for judgment for want of a sufficient affidavit of defense, and discharged the rule…
1Opinion of the Court
Opinion by
Trexler, J.,
The first question presented is, Was the judgment improperly entered? Rule 14, section E, municipal court, provides, “Rules for more specific statements, for judgments for want of sufficient affidavit of defense, and all interlocutory motions and rules shall be filed within five days after the service of the particular pleadings to which objection is made.” Defendant’s affidavit of defense was filed September 9,1921, and a copy was mailed to the plaintiff’s attorney on the same day, the hour of the mailing not being given. This was on a Friday; the following Monday,…
2Cases cited2 opinions
- Elzea v. BrownSuperior Court of Pennsylvania · 1915
- Renick & Brand v. AronoffSuperior Court of Pennsylvania · 1921
3Cited by1 opinion
- Miner-Hillard Milling Co. v. RosatoSuperior Court of Pennsylvania · 1923