Trenton Rubber Co. v. Small
Superior Court of Pennsylvania
Appeal No. 145, Nov. T., 1896, by defendant, from judgment of C. P. No. 1., Phila. Co., March T., 1896, No. 674, in favor of plaintiff for want of a sufficient affidavit of defense. Appeal by defendant from judgment of magistrate, in assumpsit, in favor of plaintiff. The record discloses: Statement filed May 4th. Affidavit filed May 22d. Rule for judgment July 8th.
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Appeal No. 145, Nov. T., 1896, by defendant, from judgment of C. P. No. 1., Phila. Co., March T., 1896, No. 674, in favor of plaintiff for want of a sufficient affidavit of defense. Appeal by defendant from judgment of magistrate, in assumpsit, in favor of plaintiff. The record discloses: Statement filed May 4th. Affidavit filed May 22d. Rule for judgment July 8th. July 18th a rule entered by defendant against plaintiff for security for costs and proceedings to stay granted by the court. On September 22, 1896, during the pendency of the latter rule the court entered judgment against the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The practice of requiring of nonresident plaintiffs security for costs, is usually regulated by rule of court. Whether or not the court below has such a rule, we are not informed, and, so far as the case before us is concerned, it is immaterial. The court, in its discretion, may refuse to require the plaintiff to give security for costs unless the defendant sets forth in his affidavit a just defense to the action, and it was probably upon that ground that the order was refused in the present case. We need not speculate as to that however; for, being a discretionary…
2Cases cited2 opinions
- Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
- Philadelphia & Reading Railroad v. WiremanSupreme Court of Pennsylvania · 1879
3Cited by4 opinions
- Dodge v. ChessmanSuperior Court of Pennsylvania · 1899
- Gerace v. BentleySuperior Court of The Virgin Islands · 2015
- Kurie v. Dodson Day School, Pennsylvania Court of Common Pleas, Northampton County1927
- Schmick v. Ritchey, Pennsylvania Court of Common Pleas, Lancaster County1933