Hamer v. Humphreys
Pennsylvania Court of Common Pleas, Philadelphia County
THE plaintiff in this case had issued a summons returnable the first Monday of September, 1836. Under the act of 28th March, 1835, he regularly filed a copy of his book entries. The defendant in due time filed an affidavit of defence, according to the provisions of the act, but the same was defective in not disclosing a defence.
Read the full summary
THE plaintiff in this case had issued a summons returnable the first Monday of September, 1836. Under the act of 28th March, 1835, he regularly filed a copy of his book entries. The defendant in due time filed an affidavit of defence, according to the provisions of the act, but the same was defective in not disclosing a defence. Of this the plaintiff took no advantage at the time by moving for judgment, but filed a narr. and asked for and obtained from the defendant a plea, which was filed. Afterwards, on the 12th of Nov. 1836, the plaintiff obtained this rule to show cause why judgment…
1Opinion of the Court
Per Curiam :
The judgment for want of an affidavit of defence is by default, being so designated by the act. Here the plaintiff has chosen to treat the defendant as not in default, not only by *29not moving for judgment, but by asking and obtaining a plea from the defendant, which amount to a waiver of his previous right, under the act, to have judgment. Had the plaintiff moved for judgment, instead of calling on the defendant to plead, the latter, under our rules, might have exhibited such a case as to have been permitted a supplemental affidavit of defence. The act, in giving a right to the…
2Cited by7 opinions
- Downes v. HODINSupreme Court of Pennsylvania · 1954
- Superior National Bank v. StadelmanSupreme Court of Pennsylvania · 1893
- Duncan v. Bell, Johnston, Jack & Co.Supreme Court of Pennsylvania · 1857
- Russ Soda Fountain Co. v. Victor Pastry Shoppe, Inc.Superior Court of Pennsylvania · 1936
- Thompson v. DonaldsonSuperior Court of Pennsylvania · 1910
2 more not listed; retrieve them via the Exa API.