Meskill v. Firemen's Pension Fund
Superior Court of Pennsylvania
Appeal, No. 354, Oct. T., 1920, by defendant, from judgment of C. P. No. 4, Pbila. County, June T., 1919, No. 5583, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of John J. Meskill y. Tbe Firemen’s Pension Fund of Philadelphia, a corporation. Assumpsit to recover sum claimed to be due as a pension. Before Finletter, J. The opinion of the Superior Court states the ease.
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Appeal, No. 354, Oct. T., 1920, by defendant, from judgment of C. P. No. 4, Pbila. County, June T., 1919, No. 5583, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of John J. Meskill y. Tbe Firemen’s Pension Fund of Philadelphia, a corporation. Assumpsit to recover sum claimed to be due as a pension. Before Finletter, J. The opinion of the Superior Court states the ease. Rule for judgment for want of a sufficient affidavit of defense. The court made absolute the rule. Defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Linn, J.,
It is necessary to consider only the motion to quash. The appeal is from judgment for want of a sufficient affidavit of defense. Appellee says the appeal is too late. Appellant suggests it is premature and for that reason may be quashed. Section 17 of the Practice Act of 1915, P. L. 483, provides: w.The plaintiff may take a rule for judgment for want of a sufficient affidavit of defense to. the whole or any part of his claim, and the court shall enter judgment or discharge the rule, as *282justice may require.” Plaintiff took a rule for judgment for want of a sufficient…
2Cases cited9 opinions
- Fisher v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1898
- Lance v. BonnellSupreme Court of Pennsylvania · 1884
- Faux v. FitlerSupreme Court of Pennsylvania · 1909
- Wood v. KerkeslagerSupreme Court of Pennsylvania · 1910
- Smucker v. GrinbergSuperior Court of Pennsylvania · 1905
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