Standard Underground Cable Co. v. Johnstown Telephone Co.
Superior Court of Pennsylvania
Appeal, No. 137, April T., 1904, by plaintiff, from order of C. P. Cambria Co., June T., 1903, No. 363, discharging rule for judgment for want of an affidavit of defense in case of Standard Underground Cable Company v. Johnstown Telephone Company. Rule for judgment for want of an affidavit of defense. From the record it appeared that on May 12,1903, suit was begun and plaintiff’s statement filed.
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Appeal, No. 137, April T., 1904, by plaintiff, from order of C. P. Cambria Co., June T., 1903, No. 363, discharging rule for judgment for want of an affidavit of defense in case of Standard Underground Cable Company v. Johnstown Telephone Company. Rule for judgment for want of an affidavit of defense. From the record it appeared that on May 12,1903, suit was begun and plaintiff’s statement filed. On June 27, 1903, written notice was given to defendant’s counsel that the statement had been filed on May 12. No copy of the statement was served on defendant or his counsel. On July 14, 1902, a…
1Opinion of the Court
Opinion by
Rice, P. J.,
The last clause of the sixth section of the procedure act of 1887, provides as to the action of assumpsit that, unless the defendant shall file a sufficient affidavit of defense within fifteen days after notice that the statement has been filed, the plaintiff may move for a judgment for want thereof. The rule of court provides that “ the notice shall consist of a copy of the statement, with certificate of the attorney for plaintiff that it is a true copy, and shall give the date of the filing thereof.” The only question arising upon this appeal is whether the court had…
2Cases cited16 opinions
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