Legal Opinion

Santilli v. Church

Pennsylvania Court of Common Pleas, Chester County

Decided January 30, 1964No. 115Published

1Opinion of the Court

Kurz, J.,

Defendants have presented a petition upon which a rule directed to plaintiff was allowed requiring him to show cause why a default judgment entered in his favor when defendants did not file an answer to his complaint should not be struck from the record. They assert that plaintiff’s complaint does not sustain the judgment, in that it is not verified on oath or affirmation as required by Pennsylvania Rule of Civil Procedure 1024(a). An examination of the complaint reveals that, although there is a form of affidavit signed by plaintiff attached to it, the attempt at a jurat which…

2Cases cited4 opinions

  1. Phillips Et Ux. v. Evans Et Ux.Superior Court of Pennsylvania · 1949
  2. Borough of Pottsville v. CurrySupreme Court of Pennsylvania · 1859
  3. Cake v. CakeSupreme Court of Pennsylvania · 1893
  4. United States v. GalatoDistrict Court, M.D. Pennsylvania · 1959

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