Bernstein v. Brown
Superior Court of Pennsylvania
Appeal, No. 28, Oct. T., 1913, by defendant, from order of C. P. No. 5, Phila. Co., June T., 1912, No. 349, discharging rule to strike off judgment in case of Samuel Bernstein and Jacob Lippman, trading as Bernstein & Lippman, v. Solomon B. Brown. Rule to strike off judgment. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule to strike off judgment.
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiffs took a rule for judgment for want of a sufficient affidavit of defense, which, after argument, the court made absolute. The affidavit was insufficient, as the opinion filed by the court clearly showed, and the correctness of that conclusion is not now questioned. But after the rule had been argued and submitted, and while the matter was under judicial consideration, the defendant filed in the prothonotary’s office a supplemental affidavit of defense. This was done without leave of court or notice to the court of the defendant’s intention or desire to file…
2Cases cited3 opinions
- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- West v. SimmonsSupreme Court of Pennsylvania · 1837
- Bloomer v. ReedSupreme Court of Pennsylvania · 1853
3Cited by1 opinion
- Dever v. Kathrins & GolenSuperior Court of Pennsylvania · 1923