Von Schirach v. Vance
Supreme Court of Pennsylvania
Appeal, No. 147, Jan. T., 1912, by Malcolm Briggs, Jr., one of the defendants, from order of C. P. No. 5, Philadelphia Co., Dec. T., 1911, No. 575, discharging rule to open judgment in the case of Carl B. N. Von Schirach, Assignee of the Philadelphia Protestant Episcopal City Mission, Assignee of David M. Hess, v. Albert Vance, mortgagor, and Malcolm Briggs, Jr., real owner. Petition to open judgment. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 147, Jan. T., 1912, by Malcolm Briggs, Jr., one of the defendants, from order of C. P. No. 5, Philadelphia Co., Dec. T., 1911, No. 575, discharging rule to open judgment in the case of Carl B. N. Von Schirach, Assignee of the Philadelphia Protestant Episcopal City Mission, Assignee of David M. Hess, v. Albert Vance, mortgagor, and Malcolm Briggs, Jr., real owner. Petition to open judgment. The facts are stated in the opinion of the Supreme Court. Plaintiff in an action of scire facias sur mortgage entered judgment for want of an affidavit of defense. Defendant filed an affidavit…
1Opinion of the Court
Per Curiam,
This appeal is from an order discharging a rule to open a judgment entered for want of an affidavit of defense in an action on a mortgage. The third Saturday after the return day of the scire facias was December 23, 1911, and the plaintiff was then entitled to judgment, no affidavit of defense having been filed. Judgment was taken January 6,1912. On the same day an affidavit of defense was filed but we must assume that it was filed *302after judgment as this is averred in the answer and the hearing was on petition and answer, no depositions having been taken. If the affidavit had been…
2Cases cited2 opinions
- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- Barndollar v. FogartySupreme Court of Pennsylvania · 1902
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