Maloney v. Murphy
Supreme Court of Pennsylvania
Appeal, No. 159, July T., 1895, by defendant, from order of C. P. No. 3, Pbila. Co., March T., 1894, No. 82, discharging rule upon plaintiff to satisfy judgment. Rule on plaintiff to satisfy judgment on payment of amount of verdict with interest to date, and without costs. The court discharged the rule; defendant appealed. The facts appear by the opinion of the Supreme Court. Error assigned was order discharging rule.
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
Without having “ caused an oath or affirmation to be made ” that “ the debt due him exceeded the sum of one hundred dollars,” as required by the act of March 20, 1810, sec. 38, the plaintiff brought this suit on February 21, 1894. In his statement, filed more than a year thereafter, he claimed to recover $205.25, “balance due him for extra work and labor done and materials furnished for the defendant,” with interest, etc. The statement was verified by affidavit as required by the rule of court. The only plea was non assumpsit; and the verdict, on which…
2Cases cited2 opinions
- Hilbish v. HowerSupreme Court of Pennsylvania · 1868
- Rogers v. RatcliffeSupreme Court of Pennsylvania · 1854
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