Legal Opinion

Patterson v. Roberts

Supreme Court of Pennsylvania

Decided February 23, 1885No. 213PublishedCited by 2 opinions

Error to the Court of Common Pleas of Delcnvare county: Of January Term, 1885, No. 213. Amicable action of assumpsit, by Robert E. Patterson et ah, executors of Robert Patterson, deceased, against Charles Roberts, on two promissory notes. The plaintiffs filed their statement with their praecipe March 3d, 1884. Subsequently the defendant filed an affidavit of defence; and the plaintiffs took a rule for judgment for want of sufficient affidavit.

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Error to the Court of Common Pleas of Delcnvare county: Of January Term, 1885, No. 213. Amicable action of assumpsit, by Robert E. Patterson et ah, executors of Robert Patterson, deceased, against Charles Roberts, on two promissory notes. The plaintiffs filed their statement with their praecipe March 3d, 1884. Subsequently the defendant filed an affidavit of defence; and the plaintiffs took a rule for judgment for want of sufficient affidavit. Upon the argument of this rule the court granted the defendant leave to file a supplemental affidavit. This was duly filed, and the case then submitted…

1Opinion of the Court

The opinion of the court was filed

2Per curiam

If any injustice has been done to the plain*44tiffs we are powerless to grant relief on this writ of error. As the record does not show any exception to the action of the court in refusing- judgment, we cannot assume any was taken. On this writ we cannot review the action of the court in refusing to note an exception. If it was improperly refused, this is not the way to right the error. There is nothing here which we can review. It is only where the plaintiff excepts to the decision of the court refusing judgment for want of a sufficient affidavit of defence,…

3Cited by2 opinions

  1. Lewis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
  2. Monongahela Natural Gas Co. v. Ellwood Natural Gas & Oil Co.Superior Court of Pennsylvania · 1910

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