Legal Opinion

Vanatta v. Anderson

Supreme Court of Pennsylvania

Decided April 2, 1811PublishedCited by 19 opinions

IN ERROR. Under the eral power of the Common ^lea? t0 reS'1‘ late its practice, it has authority make al7lf’ fendants an affi£avlt of judg^re^a^dnst”' them, iftheafcertain time-. UPON a writ of error to the Common Pleas of Philadel- , phta^ it appeared that a judgment hacj been signed against Vanatta the defendant below, for want of an affidavit ° ’ of defence, agreeably to the following rules of that court: “ April 17th, 1809. It is ordered that in all actions brought “ to…

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IN ERROR. Under the eral power of the Common ^lea? t0 reS'1‘ late its practice, it has authority make al7lf’ fendants an affi£avlt of judg^re^a^dnst”' them, iftheafcertain time-. UPON a writ of error to the Common Pleas of Philadel- , phta^ it appeared that a judgment hacj been signed against Vanatta the defendant below, for want of an affidavit ° ’ of defence, agreeably to the following rules of that court: “ April 17th, 1809. It is ordered that in all actions brought “ to be brought in this court, of debt or contract, the plaintiff “ shall be at liberty to direct judgment of course to be…

1Opinion of the Court

Tilghman C. J.

This is a writ of error to the court of Common Pleas of the county of Philadelphia, and it appears that judgment was entered under a rule of that court, because the defendant did not, before the third term from the commencement of the action, make an affidavit, that “ to the ic best of his knowledge and belief, there was a just cause of “ defence in the said action.” It is contended on behalf of the plaintiff in error, that the court of Common Pleas had no power to make this rule, because it is not within the general power which every court of record possesses, to make, rules…

2Cited by19 opinions

  1. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
  2. Prettyman v. IrwinSupreme Court of Pennsylvania · 1922
  3. Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
  4. Jordan v. CooperSupreme Court of Pennsylvania · 1817
  5. Mylin's EstateSupreme Court of Pennsylvania · 1838

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