Duquesne Brewing Co. v. Thomas
Supreme Court of Pennsylvania
Appeal, No. 62, Oct. T., 1903, by N. M. Thomas etal., from order of C. P. Somerset Co,, Sept. T., 1902, No. 293, discharging rule to open judgment in case of Duquesne Brewing Company v. N. M. Thomas et al. Rule to open judgment. The opinion of the Supreme Court states the case. Error assigned was the order discharging rule.
1Opinion of the Court
Pee Cueiam,
The condition of the bond expressly stipulates that the affidavit of an officer or authorized agent of the brewing company alleging a breach and stating the amount of the damage “ shall be sufficient evidence of such damage and execution may be issued forthwith on said judgment.” Having filed such affidavit the plaintiff had made out a prima facie case, and before being entitled to equitable relief by the opening of the judgment it was incumbent on the defendants to present sufficient evidence to raise a substantial doubt of the correctness of the amount charged against them. This…