Black v. Johns
Supreme Court of Pennsylvania
March 3d 1871. Before Thompson, 0. J., Read, Agnew, Sharswood and Williams, JJ. Error to the District Court of Philadelphia: Of January Term 1871, No. 169. This was an action of assumpsit issued October 22d 1870, by Edward A. Johns and William A. Lippincott, trading as Johns & Lippincott, against Robert J. Black. The writ was issued to November Term, the return-day of which was November 7th; it was served October 28th.
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March 3d 1871. Before Thompson, 0. J., Read, Agnew, Sharswood and Williams, JJ. Error to the District Court of Philadelphia: Of January Term 1871, No. 169. This was an action of assumpsit issued October 22d 1870, by Edward A. Johns and William A. Lippincott, trading as Johns & Lippincott, against Robert J. Black. The writ was issued to November Term, the return-day of which was November 7th; it was served October 28th. The declaration was filed November 10th 1870. On the 11th of November the court directed judgment to be entered for want of an appearance against defendant in favor of the…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
As to time, this judgment was taken regularly. When the summons has been served ten days before the return-day, and no rule of court directs otherwise, the practice is to take judgment for default of appearance after the first four days of the term have elapsed. Judgment therefore can be taken on Friday of the first of the term. This practice has prevailed both before and since the passage of the Act of 13th June 1836, relating to actions. The summons in this case was served on the 28th of October, the return-day being Monday, the 7th day of…
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