Marlin v. Waters
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON FLEAS OF WARREN COUNTY. No. 410 January Term 1889, Sup. Ct.; court below, No. 6 December Term 1887, C. P. On August 5, 1887, H. A. Marlin brought assumpsit against S. W. Waters, filing with bis praecipe and declaration a statement of claim upon two promissory notes made by the defendant to tiie order of George R. Wetmore and indorsed to the plaintiff.
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ERROR TO THE COURT OF COMMON FLEAS OF WARREN COUNTY. No. 410 January Term 1889, Sup. Ct.; court below, No. 6 December Term 1887, C. P. On August 5, 1887, H. A. Marlin brought assumpsit against S. W. Waters, filing with bis praecipe and declaration a statement of claim upon two promissory notes made by the defendant to tiie order of George R. Wetmore and indorsed to the plaintiff. The summons was made returnable to the first Monday of October, which was the third day of the month, and was served upon the defendant on September 15th, as sliowu by the docket entries printed, and September 18th,…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The plaintiff took judgment for want of an affidavit of defence in accordance with the Rule of Court of the Common Pleas, without reference to the procedure act of 1887, and the *179court struck off the judgment for failure to comply with the provisions of that act. This raises the single question in tin; ease, whether that act meant to leave prior methods of taking judgment for want of an affidavit of defence entirely unaffected, and to give a new and additional method of its own, or whether it intended to prescribe its method as the only proper one, and to supersede…
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