Tobyhanna & Lehigh Lumber Co. v. Home Ins.
Supreme Court of Pennsylvania
Appeal, No. 149, Jan. T., 1895, by defendant, from order of C. P. Monroe Co., Sept. T., 1894, No. 58, discharging rule to strike off judgment. Rule to strike off judgment. The facts of the case appear by the opinion of Craig, P. J., which was as follows: “ The summons in this case was issued on the 11th day of September, 1894. On the same day plaintiff filed its statement. The summons and statement were served upon the defendant on the 14th of September following.
Read the full summary
Appeal, No. 149, Jan. T., 1895, by defendant, from order of C. P. Monroe Co., Sept. T., 1894, No. 58, discharging rule to strike off judgment. Rule to strike off judgment. The facts of the case appear by the opinion of Craig, P. J., which was as follows: “ The summons in this case was issued on the 11th day of September, 1894. On the same day plaintiff filed its statement. The summons and statement were served upon the defendant on the 14th of September following. The return day of the summons was the first day of next term — the 24th of September, 1894 — just ten days after service. The…
1Opinion of the Court
Per Curiam,
If the refusal of the court to vacate the judgment, entered against the defendant for want of an affidavit of defence, needs any vindication, it will be found in the opinion of the learned judgement up with the record, and authorities therein cited. Plaintiffs’ statement, with copy of the policy on which their claim is founded, was filed and summons issued, on September 11th, returnable on September 24, 1894. On September 14th, the summons and copy of statement were duly served on defendant, and on October 1st, sixteen days thereafter, judgment was entered for want of an affidavit…
2Cases cited1 opinion
- Weigley v. TealSupreme Court of Pennsylvania · 1889
3Cited by2 opinions
- Cooney v. RoussetLouisiana Court of Appeal · 1906
- Jackson v. Blair, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1927