Gillespie v. Smith
Supreme Court of Pennsylvania
This ease was an appeal by Thomas Gillespie, the defendant below, from the judgment of alderman McClain, in favor of the plaintiff below, Jeremiah H. Smith, for $50 42. Appeal filed May 12, 1848, to June term, 1848, May 18,1848. General affidavit of defence, filed under the rule of court. June 6, 1848: copy of plaintiff’s book of original entries filed.
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This ease was an appeal by Thomas Gillespie, the defendant below, from the judgment of alderman McClain, in favor of the plaintiff below, Jeremiah H. Smith, for $50 42. Appeal filed May 12, 1848, to June term, 1848, May 18,1848. General affidavit of defence, filed under the rule of court. June 6, 1848: copy of plaintiff’s book of original entries filed. It set forth a charge against the defendant below for work and labor amounting to $50 92. June 24,1848: affidavit of defence filed; endorsed, “filed and entered June 24,1848, at 9 o’clock and 55 minutes.” June 24,1848: judgment for want of an…
1Per curiam
The affidavit may be filed at any time, before motion for judgment. Such is the governing principle in the case *67of a rule to plead, or to declare. And it is founded in justice and convenience; for a party, wbo does not enforce his right at the ■ first moment, shows that he has not suffered by delay, and the signing of judgment is not imposed as a penalty. In this case the motion came too late.
Judgment reversed and procedendo awarded.
2Cited by5 opinions
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- Laddi v. Grazianna, Pennsylvania Court of Common Pleas, Fayette County1941
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