Lockard v. Keyser
Superior Court of Pennsylvania
Appeal, No. 58, April T., 1901, by plaintiff, from order of C. P. Fayette Co., March T., 1899, No. 291, making absolute a rule to open judgment in case of William Lockard v. Thomas J. Keyser. Rule to open judgment.
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Appeal, No. 58, April T., 1901, by plaintiff, from order of C. P. Fayette Co., March T., 1899, No. 291, making absolute a rule to open judgment in case of William Lockard v. Thomas J. Keyser. Rule to open judgment. The material portions of the petition for the rule were as follows: That at the time of the return of the writ issued in the above case, your petitioner was sick and unable to come from his home at Point Marion to Uniontown in said county; that shortly before the return day, he sent a letter to his attornejr, D. M. Hertzog, asking him to attend to the matter for your petitioner;…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
This is an appeal by the plaintiff from the order of the court below opening a judgment entered against the defendant, in default of an appearance and affidavit of defense. It is contended by the appellant that the evidence presented to the court below did not, for two reasons, warrant the opening of the judgment: 1. It was not sufficient to excuse the failure of the defendant to appear and file his affidavit of defense. 2. The allegations of fact relied on by the defendant as a defense upon the merits were denied by the answer of plaintiff and lacked corroboration.…
2Cases cited4 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Green v. BoydSuperior Court of Pennsylvania · 1900
- Heilner v. Falls Coal Co.Superior Court of Pennsylvania · 1898
3Cited by2 opinions
- Italo French Produce Co. v. ThomasSuperior Court of Pennsylvania · 1905
- American Manufacturing Co. v. S. Morgan Smith Co.Superior Court of Pennsylvania · 1905