Legal Opinion

Schneider v. Bates

Superior Court of Pennsylvania

Decided November 9, 1908No. Appeal, No. 248PublishedCited by 4 opinions

Appeal, No. 248, Oct. T., 1907, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1907, No. 2,299, discharging rule for judgment for want of a sufficient affidavit of defense in case of Arthur F. Schneider v. William H. Bates and Mary M. Dulin. Appeal from judgment of justice of the peace. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 248, Oct. T., 1907, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1907, No. 2,299, discharging rule for judgment for want of a sufficient affidavit of defense in case of Arthur F. Schneider v. William H. Bates and Mary M. Dulin. Appeal from judgment of justice of the peace. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Errors assigned were (1) in discharging rule to strike off appeal, and (2) in discharging rule for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Rice, P. J.,

Where a justice’s judgment is founded upon a lease containing an express waiver of appeal the common pleas will, in general, give effect to such waiver by striking off an appeal, if application be made within a reasonable time, and before the appellee has taken steps to bring the case to trial or decision upon its merits: Rovno v. Lorentz, 32 Pa. Superior Ct. 162. But where the application to strike off is based upon that ground it must fail, unless the fact that the judgment was founded upon a lease containing such waiver appears in the justice’s record: Foss v. Bogan,…

2Cases cited7 opinions

  1. Cairns v. LlewellynSuperior Court of Pennsylvania · 1896
  2. McBrier v. MarshallSupreme Court of Pennsylvania · 1889
  3. Campau v. MichellMichigan Supreme Court · 1895
  4. Bakewell v. TurnerSuperior Court of Pennsylvania · 1908
  5. Foss v. BoganSupreme Court of Pennsylvania · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Schneider v. BatesSuperior Court of Pennsylvania · 1912
  2. Orliner v. BorowskiSuperior Court of Pennsylvania · 1917
  3. Hibberd B. Worrell & Co. v. Pennsylvania Petroleum TransportationPennylvania Municipal Court, Philadelphia County · 1946
  4. Meyer v. GrahamSuperior Court of Pennsylvania · 1914

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