Griesmer v. Hill
Supreme Court of Pennsylvania
Appeal, No. 241, Jan. T., 1908, by defendants, from judgment of the Superior Court, Jan. T., 1908, No. 30, affirming judgment of C. P. Luzerne Co., Oct. T., 1906, No. 321, discharging rule to strike off judgment in case of Jacob Griesmer v. James Lewis Hill and James C. Hill. Appeal from the Superior Court. See 36 Pa.
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Appeal, No. 241, Jan. T., 1908, by defendants, from judgment of the Superior Court, Jan. T., 1908, No. 30, affirming judgment of C. P. Luzerne Co., Oct. T., 1906, No. 321, discharging rule to strike off judgment in case of Jacob Griesmer v. James Lewis Hill and James C. Hill. Appeal from the Superior Court. See 36 Pa. Superior Ct. 69. The assignments of error were as follows: 1. The Superior Court erred in affirming the judgment of the court of common pleas. 2. The court of common pleas erred in entering judgment for want of an affidavit of defense. 3. The court of common pleas erred in…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The sole question raised by this appeal, is whether, under the replevin Act of April 19, 1901, P. L. 88, judgment for want of an affidavit of defense may be entered against the *547defendants, before the return day of the writ. This appeal is from the judgment of the Superior Court, and the assignments of error should be in the form recommended in Mellick v. Penna. R. R. Co., 203 Pa. 457. The present chief justice there said (p. 459), “The question here is, whether the Superior Court .... was correct in its dealings with the alleged errors of the court below. In…
2Cases cited1 opinion
- Mellick v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
3Cited by2 opinions
- Beishline v. KahnSupreme Court of Pennsylvania · 1919
- Kelvinator Sales Co. v. Har, Pennsylvania Court of Common Pleas, Berks County1930