Fuel City Mfg. Co. v. Waynesburg Products Corp.
Supreme Court of Pennsylvania
Appeal, No. 119, Oct. T., 1920, by defendant, from order of O. P. Greene Go., Sept. T., 1919, No. 50, refusing to open judgment, in case of Fuel City Mfg. Co. v. Waynesburg Products Corporation. Rule to amend defendant’s name and rule to open judgment. Also demurrer to petition to open judgment. Before Ray, P. J. The opinion of the Supreme Court states the facts. The court allowed the amendment, but discharged the rule to open the judgment and sustained the demurrer.
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Appeal, No. 119, Oct. T., 1920, by defendant, from order of O. P. Greene Go., Sept. T., 1919, No. 50, refusing to open judgment, in case of Fuel City Mfg. Co. v. Waynesburg Products Corporation. Rule to amend defendant’s name and rule to open judgment. Also demurrer to petition to open judgment. Before Ray, P. J. The opinion of the Supreme Court states the facts. The court allowed the amendment, but discharged the rule to open the judgment and sustained the demurrer. Defendant appealed. Error assigned, among others, was decree refusing to open judgment.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This was an action of assumpsit upon a building contract. The summons was issued and served July 26, 1919, and was returnable the first Monday of the ensuing September. A copy of plaintiff’s statement was served with the summons and thereon was endorsed a notice requiring defendant to appear and file an affidavit of defense within fifteen days. On August 14,1919, plaintiff caused judgment to be entered against defendant in default of an affidavit of defense, and liquidated the *444same at $12,338.26. Six days thereafter, on August 20, 1919, defendant petitioned the…
2Cases cited22 opinions
- King v. BrooksSupreme Court of Pennsylvania · 1873
- Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Ward v. LetzkusSupreme Court of Pennsylvania · 1893
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- Gemas's LicenseSupreme Court of Pennsylvania · 1895
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3Cited by77 opinions
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