Legal Opinion

Barr & Son v. Duncan

Supreme Court of Pennsylvania

Decided November 19, 1874PublishedCited by 2 opinions

Error to the District Court of Allegheny county: Of October and November Term 1874, No. 52. This was an action on the case, commenced December 9th 1873, by Samuel Duncan against J. G. Barr et al., trading as J. G. Barr & Son.

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Error to the District Court of Allegheny county: Of October and November Term 1874, No. 52. This was an action on the case, commenced December 9th 1873, by Samuel Duncan against J. G. Barr et al., trading as J. G. Barr & Son. The affidavit of claim was:— “ S. A. Duncan, being duly sworn, says that J. G. Barr & Son, proprietors of the Central Hotel, Pittsburg, are indebted to him in the sum of $141, with interest thereon from November 6th 1873, which said indebtedness arises as follows, viz.: On the night of November 5-6, affiant was a guest at said hotel of plaintiffs, and as such occupied a…

1Opinion of the CourtJustice Williams

This case does not come within the rule of the District Court (Reg. 65, sect. 2) authorizing the entry of a judgment by default, at any time after the return-day and ten days service of the writ, unless the defendant should have previously filed an affidavit of defence stating therein, specifically and at length, the nature and character of the same. By its very terms the rule applies only to actions on bills, notes, bonds or other instruments of writing for the payment of money, book accounts and contracts for the loan or advance of money; to actions of scire facias on mortgages and liens of…

2Cited by2 opinions

  1. Bartoe v. GuckertSupreme Court of Pennsylvania · 1893
  2. Southern Steamship Co. v. HullSuperior Court of Pennsylvania · 1911

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