Legal Opinion

Mink v. Shaffer

Supreme Court of Pennsylvania

Decided February 18, 1889PublishedCited by 5 opinions

ERROR TO THE COURT OE COMMON PLEAS OE LEHIGH COUNTY. No. 146 January Term 1889, Sup. Ct.; court below, No. 7 September Term 1888, C. P. On June 21, 1888, Maria D. Shaffer, for the use of H. C. Piatt, brought assumpsit against T. H. Mink, and fiied the following statement of claim verified by affidavit: “The above action of assumpsit is brought on a certain judgment recovered at a term of the District Court of Iowa, holden within and for the county of Benton, in said state of…

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ERROR TO THE COURT OE COMMON PLEAS OE LEHIGH COUNTY. No. 146 January Term 1889, Sup. Ct.; court below, No. 7 September Term 1888, C. P. On June 21, 1888, Maria D. Shaffer, for the use of H. C. Piatt, brought assumpsit against T. H. Mink, and fiied the following statement of claim verified by affidavit: “The above action of assumpsit is brought on a certain judgment recovered at a term of the District Court of Iowa, holden within and for the county of Benton, in said state of Iowa, at Vinton, on the 26th day of March, A. o. 1878, for the sum of five thousand dollars and the sum of fifteen…

1Opinion of the Court

*289Opinion,

Me. Justice Green:

The defendant in this case filed no affidavit of defence whatever and is therefore subject to every necessary inference and every material fact sufficiently expressed, or appearing, upon the record. The action is brought under the new procedure act of 1887. The third section of that act provides that the plaintiff’s declaration shall consist of a concise statement of the plaintiff’s demand, as provided by the fifth section of the act of March 21, 1806. As this is not an action upon a note, contract, book entry, or a record of the county of Lehigh, neither a copy nor…

2Cases cited2 opinions

  1. Moore v. FieldsSupreme Court of Pennsylvania · 1862
  2. Wetherill v. StillmanSupreme Court of Pennsylvania · 1870

3Cited by5 opinions

  1. Midwest Piping & Supply Co. v. Thomas Spacing MacHine Co.Superior Court of Pennsylvania · 1933
  2. Shilling v. SeigleSupreme Court of Pennsylvania · 1904
  3. Stockley v. McClurgSuperior Court of Pennsylvania · 1900
  4. Longstreth v. GraySuperior Court of Pennsylvania · 1910
  5. Tompkins v. CraigU.S. Circuit Court for the District of Eastern Pennsylvania · 1900

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