Chambers v. McLean
Superior Court of Pennsylvania
Appeal, No. 168, Oct. T., 1903, by plaintiff, from judgment of C. P. No. 3, Phila. Co., March T., 1903, No. 4112, discharging rule for judgment for want of a sufficient affidavit of defense, in case of Martha B. Chambers v. Calvin B. McLean, Administrator of Samuel Daggy, Deceased, and I. W. Huckins. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Error assigned was the order of the court.
1Opinion of the Court
Per Curiam,
The plaintiff’s rule for judgment for want of a sufficient affidavit of defense was discharged on June 29, 1903. The plaintiff entered this appeal on July 25 following without first having excepted to the order appealed from. Under the statute giving the plaintiff a right to appeal in such case an exception to the ruling is an essential prerequisite. In answer to the suggestion that the plaintiff was prevente^ from taking an exception by reason of the fact that the court adjourned for the summer vacation on June 29, it is enough to say that the plaintiff had six months within which…
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