Hunter v. Forsyth
Supreme Court of Pennsylvania
Appeal, No. 226, Jan. T., 1902, by defendant, front order of C. P. No. 2, Phila. Co., March T., 1902, No. 3119, discharging rule to open judgment in case of John B. Hunter, trading as J. B. Hunter & Company v. William F. Forsyth. Assumpsit on a promissory note. Rule to open judgment. From the record it appeared that judgment was entered for want of an affidavit of defense on May 16, 1902. Upon the following day defendant filed an affidavit of defense.
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Appeal, No. 226, Jan. T., 1902, by defendant, front order of C. P. No. 2, Phila. Co., March T., 1902, No. 3119, discharging rule to open judgment in case of John B. Hunter, trading as J. B. Hunter & Company v. William F. Forsyth. Assumpsit on a promissory note. Rule to open judgment. From the record it appeared that judgment was entered for want of an affidavit of defense on May 16, 1902. Upon the following day defendant filed an affidavit of defense. The defendant subsequently secured a rule to open the judgment, and relied only on the affidavit of defense filed, which was as follows :…
1Opinion of the Court
Pee Cueiam,
When an affidavit of defense is filed and its sufficiency is in question, the court must accept it for verity and regard all the facts properly set forth in it as proved. But where the affidavit is not filed in time, as in the present case, and comes before the court only on a rule to open a judgment regularly entered, the court is entitled to examine the averments critically and to require further evidence as to the facts, as in other cases of application to open judgments.
The court below was not satisfied that a prima facie defense was sufficiently made out to justify sending…
2Cases cited1 opinion
- Chartiers & Robinson Turnpike Co. v. McNamaraSupreme Court of Pennsylvania · 1873
3Cited by5 opinions
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- Commonwealth v. PerregoSuperior Court of Pennsylvania · 1906
- Pine Grove National Bank v. Dietrich, Pennsylvania Court of Common Pleas, Schuylkill County1926
- Zearfoss-Hilliard Lumber Co. v. Sacchetti, Pennsylvania Court of Common Pleas, Northampton County1928