Commonwealth v. Perrego
Superior Court of Pennsylvania
Appeal, No. 51, Jan. T., 1906, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1905, No. 757, -making absolute a rule to open judgment in case of Commonwealth ex rel. Kingston Township v. James D. Perrego and the American Bonding and Trust Company. Rule to open judgment. Halsey, P. J., filed tlie following opinion : The judgment taken in this case is one that is seldom met with in practice.
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Appeal, No. 51, Jan. T., 1906, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1905, No. 757, -making absolute a rule to open judgment in case of Commonwealth ex rel. Kingston Township v. James D. Perrego and the American Bonding and Trust Company. Rule to open judgment. Halsey, P. J., filed tlie following opinion : The judgment taken in this case is one that is seldom met with in practice. It was taken under the Act of April 21, 1846, P. L. 413, which provides : “ That in all suits hereafter brought in any court under the provisions of this act or the act to which this is a…
1Opinion of the Court
Opinion by
Orlady, J.,
The court below, after a fair consideration of all the facts in this case, decided that it would be unjust to allow the. plaintiff to assert a judgment which apparently had been regularly" secured. -
The Act of April 21, 1846, P. L. 413, provides for a procedure to secure judgment which is radically different from that in the practice Act of May 25, 1887, P. L. 271.
It was conceded by counsel for the defendant that they were misled in relying on the general practice prescribed by the act of 1887. The summons issued by the plaintiff was in its general form in assumpsit,…
2Cases cited3 opinions
- Davidson v. MillerSupreme Court of Pennsylvania · 1902
- Hunter v. ForsythSupreme Court of Pennsylvania · 1903
- O'Brien v. SylvesterSuperior Court of Pennsylvania · 1900