Donoghue v. O'Kane
Superior Court of Pennsylvania
Appeal, No. 142, April T., 1913, by defendant, from order of C. P. Allegheny Co., Oct. T., 1912, No. 1,180, making absolute rule for judgment for want of a sufficient affidavit of defense in case of R. E. Donoghue v. Edward O’Kane. Appeal from judgment of county court. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case.
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Appeal, No. 142, April T., 1913, by defendant, from order of C. P. Allegheny Co., Oct. T., 1912, No. 1,180, making absolute rule for judgment for want of a sufficient affidavit of defense in case of R. E. Donoghue v. Edward O’Kane. Appeal from judgment of county court. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Errors assigned were in the following form: 1. The court below erred in refusing to allow defendant to file his supplemental affidavit of defense in answer to the second rule for judgment. 2. The court below erred…
1Opinion of the Court
Opinion by
Orlady, J.,
It is conceded that the only question involved in this appeal is whether a supplemental affidavit of defense should have been considered by the court before entering a judgment in the plaintiff’s favor.
On September 11, 1912, a rule was regularly entered to show cause why judgment should not be entered against the defendant for $412.46 with interest. After a hearing, the court in an opinion filed November 12, held, “The plaintiff therefore is not entitled to judgment for the amount for which he took this rule, but it appears that he would be entitled to judgment for the…
2Cases cited6 opinions
- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- Woodoleum Flooring Co. v. KayserSuperior Court of Pennsylvania · 1911
- West v. SimmonsSupreme Court of Pennsylvania · 1837
- Penrose v. CaldwellSuperior Court of Pennsylvania · 1905
- Von Schirach v. VanceSupreme Court of Pennsylvania · 1913
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