Thermo Water Lift Co. v. Air Tight Steel Tank Co.
Supreme Court of Pennsylvania
Appeal, No. 58, Oct. T., 1921, by plaintiff, from order of O. P. Allegheny Co., July T., 1915, No. 1904, making absolute rule to open judgment, in case of Thermo Water Lift Co. v. Air Tight Steel Tank Co. Rule to open judgment. Before Swearingen, J. The opinion of the Supreme Court states the facts. Rule absolute: 68 Pitts. L. J. 710. Plaintiff appealed. Error 'assigned,, inter alia, was order, quoting it.
1Opinion of the Court
Per Curiam,
Plaintiff appeals from an order opening a judgment.
The summons was issued June 5, 1915, and an appearance was entered for defendant. March 6,1919, statement of claim was filed, and March 20, 1919, defendant put in its affidavit of defense. Counsel for defendant, believing that, — because suit had been entered before the Practice Act of 1915 went into effect, — the old practice controlled, and that the next step would be a rule to plead, awaited such action by plaintiff’s attorney, who, however, put the case at issue. Defendant’s attorney had no actual notice the case was on the…
2Cases cited1 opinion
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