E. B. Weed & Co. v. Weinberger
Superior Court of Pennsylvania
Appeal, No. 65, Oct. T., 1899, by defendant, from order of C. P. No. 1, Phila. Co., June T., 1898, No. 620, refusing to open judgment and let defendant into a defense. Rule to open judgment and let defendant into a defense. It appears from the record that judgment was entered for want of an affidavit of defense in a suit brought to recover the price of certain goods sold.
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Appeal, No. 65, Oct. T., 1899, by defendant, from order of C. P. No. 1, Phila. Co., June T., 1898, No. 620, refusing to open judgment and let defendant into a defense. Rule to open judgment and let defendant into a defense. It appears from the record that judgment was entered for want of an affidavit of defense in a suit brought to recover the price of certain goods sold. The defendant obtained a rule to show cause why the judgment should not be opened and defendant let into a defense, filing at the same time his affidavit of defense, whereupon depositions-were taken. The affidavit of defense…
1Opinion of the Court
Opinion by
Beeber, J.,
After judgment had been entered against defendant for want ■of an affidavit of defense he obtained a rule to open it, offering nt the same time his affidavit of defense. After the taking of testimony in support of the facts alleged in his petition, and a hearing, the court below discharged his rule. From this order his appeal is taken. It is clear that if the affidavit of defense ■does not set forth a legal defense to the plaintiff’s statement, the judgment must be affirmed.
The suit is brought to recover the price of certain cloth sold and delivered to the defendant on…
2Cases cited2 opinions
- Ogden v. BeattySupreme Court of Pennsylvania · 1890
- Heilbruner & Co. v. WayteSupreme Court of Pennsylvania · 1866
3Cited by5 opinions
- Otis Elevator Co. v. Flanders Realty Co.Supreme Court of Pennsylvania · 1914
- Genesee Paper Co. v. BogertSuperior Court of Pennsylvania · 1903
- Gausler v. BridgesSuperior Court of Pennsylvania · 1900
- Dunn v. Pittsburg Jewelry Manufacturing Co.Superior Court of Pennsylvania · 1910
- Fuhrman v. StackmanSuperior Court of Pennsylvania · 1905