Bradshaw Electro Sanitary Odor Co. v. Bradshaw
Superior Court of Pennsylvania
Appeal, No. 228, Oct. T., 1904, by plaintiff, from order of C. P. No. 5, Phila. Co., June T., 1904, No. 1176, making absolute rule to strike off judgment in case of Bradshaw Electro Sanitary Odor Company to use of George H. Buchertv. Charles T. Bradshaw. Rule to strike off judgment. The opinion of the Superior Court states the case. Error assigned was the order of the court making absolute rule to strike off judgment.
1Opinion of the Court
Opinion by
Beaver, J.,
Judgment in an action of assumpsit, entered on the morning of the sixteenth day after service of plaintiff’s statement of claim upon the defendant, was stricken off by the court below.
Summons and copy of plaintiff’s statement of- claim were served by the sheriff upon the defendant June 14,1904, returnable third Monday of June. An affidavit of defense was, therefore, due, at the latest, June 29. On June 30, before the filing of an affidavit of defense, the plaintiff, as it had an undoubted right to do, took judgment upon motion for want of an affidavit of defense. Damages…
2Cases cited2 opinions
- North v. YorkeSupreme Court of Pennsylvania · 1896
- Collins v. McKee ex rel. TrubySupreme Court of Pennsylvania · 1886
3Cited by1 opinion
- Western National Bank v. Cotton, Oil & Fibre Co.Superior Court of Pennsylvania · 1907