Legal Opinion

Hughes v. Schreiner

Supreme Court of Pennsylvania

Decided May 19, 1902No. Appeal, No. 276PublishedCited by 4 opinions

Appeal, No. 276, Jan. T., 1901, by defendant, from order of C. P. No. 2, Phila. Co., March T., 1901, No. 1347, making absolute rule for judgment for want of a sufficient affidavit of defense in case of J. W. Hughes v. J. H. Schreiner. Assumpsit on a foreign judgment. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 276, Jan. T., 1901, by defendant, from order of C. P. No. 2, Phila. Co., March T., 1901, No. 1347, making absolute rule for judgment for want of a sufficient affidavit of defense in case of J. W. Hughes v. J. H. Schreiner. Assumpsit on a foreign judgment. Rule for judgment for want of a sufficient affidavit of defense. The statement averred that the plaintiffs had recovered a judgment against the defendant in the high court of justice, queen’s bench division in the county of Middlesex, England, in the sum of 529 pounds, 13 shillings and 8 pence with costs. The record of this…

1Opinion of the Court

Per Curiam,

As the affidavit of defense failed to allege either want of jurisdiction or that the judgment had been legally satisfied, it was insufficient and the court was right in entering the judgment.

Judgment affirmed.

2Cited by4 opinions

  1. Mitchell, Receiver of the Liberty Clay Products Co.Supreme Court of Pennsylvania · 1927
  2. Stilwell v. SmithSupreme Court of Pennsylvania · 1907
  3. Morgan Guaranty Trust Co. v. StaatsSuperior Court of Pennsylvania · 1993
  4. Commonwealth ex rel. Holleran v. Holleran, Pennsylvania Court of Common Pleas, Somerset County1922

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