Gottman v. Shoemaker
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1877, No. 41. Covenant by D. O. Shoemaker and others, against Henry Gottman and others, .on a guarantee in a mortgage executed by' the defendants.
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Error to the Court of Common Pleas of Crawford county: Of October and November Term 1877, No. 41. Covenant by D. O. Shoemaker and others, against Henry Gottman and others, .on a guarantee in a mortgage executed by' the defendants. The defendants having filed an affidavit of defence the court entered judgment against them because of its insufficiency when they took this writ, and alleged that the court erred in thus entering judgment, for the reason that the plaintiffs had not complied with the rule of court, which'required that either a copy of the mortgage should be filed or that a reference…
1Opinion of the CourtJustice Mercur
This was an action of covenant on a mortgage. Judgment was taken for want of a sufficient affidavit of defence. The first assignment of error presents the question whether any affidavit of defence was required under the rule of court. In all actions founded, inter alia, on instruments of writing for the payment of money, or on mortgages, it declares the plaintiff shall be entitled to judgment by default unless an affidavit of defence be filed, if he shall have filed a copy of the instrument of writing on which the suit is' founded, on or before the return-day of the writ. It further provides,…
2Cited by3 opinions
- Bartoe v. GuckertSupreme Court of Pennsylvania · 1893
- Johnson v. SmithSupreme Court of Pennsylvania · 1893
- Albrecht v. Flamisch, Pennsylvania Court of Common Pleas, Berks County1921