Erny v. Sauer
Supreme Court of Pennsylvania
Appeal, No. 181, Oct. T., 1911, by defendant from order of C. P. No. 2, Allegheny Co., July T., 1911, No. 406, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Joseph F. Erny now for use of Joseph F. Erny, Trustee of German National Bank et al. v. W. N. Sauer. Scire facias sur mortgage. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 181, Oct. T., 1911, by defendant from order of C. P. No. 2, Allegheny Co., July T., 1911, No. 406, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Joseph F. Erny now for use of Joseph F. Erny, Trustee of German National Bank et al. v. W. N. Sauer. Scire facias sur mortgage. The facts are stated in the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an appeal by the defendant from a judgment entered by the court below for want of a sufficient affidavit of defense. The learned court has not favored us with an opinion and we are therefore not advised as to its reasons for entering the judgment. It has frequently been pointed out by this court that an opinion should be filed setting forth briefly at least the reasons of the court for holding the affidavit insufficient and depriving the defendant of a jury trial. In the present condition of this record, we become a court of first instance and deal with…
2Cases cited4 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Wimer v. Overseers of the PoorSupreme Court of Pennsylvania · 1883
- Fink v. SmithSupreme Court of Pennsylvania · 1895
- Dunn v. Washington Building & Loan Ass'nSupreme Court of Pennsylvania · 1882
3Cited by29 opinions
- Cardamone v. University of PittsburghSuperior Court of Pennsylvania · 1978
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Harper v. Consolidated Rubber Co.Supreme Court of Pennsylvania · 1925
- Commonwealth Trust Co. General Mortgage Investment Fund CaseSupreme Court of Pennsylvania · 1947
- Warren Tank Car Co. v. DodsonSupreme Court of Pennsylvania · 1938
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