Legal Opinion

Whitecar v. Supreme Castle Knights of Golden Eagle

Superior Court of Pennsylvania

Decided January 21, 1902No. Appeal, No. 64PublishedCited by 2 opinions

Appeal, No. 64, Oct. T., 1901, by defendant, from order of C. P. No. B, Phila. Co., June T., 1900, No. 689, discharging rule to open judgment in case of Caroline Whitecar v. The Supreme Castle Knights of Golden Eagle. Rule to open judgment. Defendant filed the following answer to the rule to open judgment.

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Appeal, No. 64, Oct. T., 1901, by defendant, from order of C. P. No. B, Phila. Co., June T., 1900, No. 689, discharging rule to open judgment in case of Caroline Whitecar v. The Supreme Castle Knights of Golden Eagle. Rule to open judgment. Defendant filed the following answer to the rule to open judgment. S. Morris Waln, being duly affirmed according to law, says that he is the attorney of record for the plaintiff in the above case, that prior to the commencement of this suit the defendant referred him to Frank A. Hartranft, Esq., as its attorney. That he consulted the said Frank A.…

1Opinion of the Court

Opinion by

Orlady, J.,

The appellant admits that the questions raised by this appeal are purely technical. The summons was regularly served on August 22, 1900, and after a rule to amend the statement and another rule to strike off a plea in abatement had been made absolute, a judgment, for want of an affidavit of defense, was entered on October 15. A writ of fi. fa. was issued on January 29, 1901, and on February 5, a petition for a rule to stay execution, to open the judgment and let defendant into a defense was presented, which rule was discharged on February 25, and from this order the…

2Cases cited5 opinions

  1. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
  2. Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
  3. Stephan v. HudockSuperior Court of Pennsylvania · 1897
  4. Rehm v. FrankSuperior Court of Pennsylvania · 1901
  5. O'Brien v. SylvesterSuperior Court of Pennsylvania · 1900

3Cited by2 opinions

  1. International Harvester Co. of America v. MillerSuperior Court of Pennsylvania · 1912
  2. Paist v. SpittallSuperior Court of Pennsylvania · 1914

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