Legal Opinion

Hutchinson v. Woodwell

Supreme Court of Pennsylvania

Decided November 3, 1884No. 133PublishedCited by 7 opinions

Before Mercur, C. J., GORDON, Pax-son, Trunkey, and Clark, JJ. Sterrett and Green, JJ., absent. Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term, 1884, No. 133. This was an action of debt, by “ Joseph Woodwell, Chairman of Committee on Manufacture, Pennsylvania Reform School, for use of Pennsylvania Reform School,” plaintiff, against A. A. Hutchinson, defendant, to recover from him a sum for which it was alleged the firm of J. W.…

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Before Mercur, C. J., GORDON, Pax-son, Trunkey, and Clark, JJ. Sterrett and Green, JJ., absent. Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term, 1884, No. 133. This was an action of debt, by “ Joseph Woodwell, Chairman of Committee on Manufacture, Pennsylvania Reform School, for use of Pennsylvania Reform School,” plaintiff, against A. A. Hutchinson, defendant, to recover from him a sum for which it was alleged the firm of J. W. Yaters & Co. were indebted to plaintiff, under a certain contract, wherein the defendant was a surety. Plaintiff’s…

1Opinion of the CourtChief Justice Mercur

This judgment was entered for want of a sufficient affidavit of defence.

The first question is, was the plaintiff below entitled to a judgment, if no affidavit of defence had been made ? If he was not, the judgment for want of a sufficient affidavit of defence must be reversed, for in such ease no affidavit of defence' is required from the defendant: Gottman v. Shoemaker, 5 Norris 31; Strock v. Commonwealth, 9 Id. 272. The filing of one is no waiver of an objection to the sufficiency of the plaintiff’s affidavit of claim.

Rule 8 of the Common Pleas declares that, to entitle the plaintiff to a…

2Cases cited1 opinion

  1. Miller v. StewartSupreme Court of the United States · 1824

3Cited by7 opinions

  1. Bartoe v. GuckertSupreme Court of Pennsylvania · 1893
  2. First National Bank of Plymouth v. Jones' Est.Supreme Court of Pennsylvania · 1939
  3. Horter v. CohenSuperior Court of Pennsylvania · 1926
  4. Johnson v. SmithSupreme Court of Pennsylvania · 1893
  5. Altof v. Spartan Inns of America, Pennsylvania Court of Common Pleas, Erie County1980

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