Legal Opinion
Bianca, Jr. v. Kaplan
Superior Court of Pennsylvania
Decided March 9, 1932No. Appeal 44PublishedCited by 4 opinions
1Opinion of the Court
Opinion by
Tkexler, P. J.,
The question is whether the lower court was right in opening the judgment. The action was in assumpsit. The praecipe for summons and plaintiff’s statement of claim were filed on the 21st day of January, 1931. The statement bore the usual endorsement requiring the defendant to file an affidavit of defense in fifteen days from the service thereof. Both were served on January 22nd, and the writ was returnable on Monday, March 16, 1931.
No appearance having been entered and no affidavit of defense filed, on March 17th plaintiff took judgment for want of an affidavit of…
2Cases cited5 opinions
- Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
- Hale v. UhlSupreme Court of Pennsylvania · 1928
- National Finance Corp. v. BergdollSupreme Court of Pennsylvania · 1930
- Pine Brook Bank v. KearneySupreme Court of Pennsylvania · 1931
- Sockett v. Philadelphia Toilet & Laundry Co.Superior Court of Pennsylvania · 1927
3Cited by4 opinions
- Scott v. McEwingSupreme Court of Pennsylvania · 1939
- Wm. E. Sturges Son v. PageSuperior Court of Pennsylvania · 1932
- Rosenfeld v. W. B. Gibson Co., Pennsylvania Court of Common Pleas, Mercer County1968
- Schwartz v. Stewart, Pennsylvania Court of Common Pleas, Lawrence County1945