E. T. Burrowes Co. v. Cambridge Springs Co.
Superior Court of Pennsylvania
Appeal, No. 83, April T., 1904, by plaintiff from order of C. P. Crawford Co., Feb. T., 1898, No. 1, M. L. D., to open judgment in case of The E. T. Burrowes Company v. Cambridge Springs Company. Rule to open judgment. The opinion of the Superior Court states the case. JErvor assigned was order quoted in the opinion of the Superior Court.
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Appeal, No. 83, April T., 1904, by plaintiff from order of C. P. Crawford Co., Feb. T., 1898, No. 1, M. L. D., to open judgment in case of The E. T. Burrowes Company v. Cambridge Springs Company. Rule to open judgment. The opinion of the Superior Court states the case. JErvor assigned was order quoted in the opinion of the Superior Court. It has been held that an unexplained delay of eleven years (1), seven years (2), five years (8), two years (4), seventeen months (5), one year (6), eleven months (7), will be sufficient to justify the court in refusing the relief asked: (1) Lytle v. Forrest,…
1Opinion of the Court
Opinion by
Oklady, J.,
On November 13, 1897, the plaintiff filed a mechanic’s lien and two days later issued thereon a sci. fa., returnable to the first Monday of December following. On November 17,1897, the attorney of defendant accepted service of the writ “ to have the same force and effect as if served personally.” On December 8, 1897, the plaintiff by attorney moved for judgment for want of an affidavit of defense, and judgment was entered by the prothonotary for the amount as liquidated, to wit: $762.95.
On December 17, 1902, a rule was granted to show cause “ to take off the default and…
2Cases cited2 opinions
- Caldwell v. CarterSupreme Court of Pennsylvania · 1893
- Lytle v. ForrestSupreme Court of Pennsylvania · 1896