Aubel Estate v. Noe
Superior Court of Pennsylvania
Appeal, No. 196, Oct. T., 1918, by defendants, from judgment of Municipal Court of Philadelphia, March T., 1918, No. 139, discharging rule to open judgment and to strike off judgment in case of estate of F. Aubel, Deceased, and Emil F. Aubel, trading as F. & E. Aubel, v. William L. Noe, J. Harry Wadlow and Louis T. Laufenberg, Trading as Noe-Wadlow Company. Buie to open judgment and to strike off judgment. The opinion of the Superior Court states the case.
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Appeal, No. 196, Oct. T., 1918, by defendants, from judgment of Municipal Court of Philadelphia, March T., 1918, No. 139, discharging rule to open judgment and to strike off judgment in case of estate of F. Aubel, Deceased, and Emil F. Aubel, trading as F. & E. Aubel, v. William L. Noe, J. Harry Wadlow and Louis T. Laufenberg, Trading as Noe-Wadlow Company. Buie to open judgment and to strike off judgment. The opinion of the Superior Court states the case. The court discharged the rule to open the judgment and to strike off the judgment. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Porter, J.,
This is an action of assumpsit in which judgment was entered in the court below against the defendants for want of an answer. The appellants subsequently presented their petition to the court below alleging an irregularity in the service of the summons and, also, a defense upon the merits to a part of plaintiffs’ claim, which defense they set forth at length. They did not, at that time, ask to have the judgment stricken from the record upon the ground of irregular service of the summons, but prayed that the judgment be opened and that they should be permitted to make…
2Cases cited4 opinions
- Borough v. RoehmeSupreme Court of Pennsylvania · 1900
- Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
- Bowman v. BerkeySupreme Court of Pennsylvania · 1918
- Philadelphia v. AdamsSuperior Court of Pennsylvania · 1900
3Cited by2 opinions
- Wilson v. Northern InsuranceSuperior Court of Pennsylvania · 1967
- Parsons v. Kuhn, Pennsylvania Court of Common Pleas, Blair County1942