Kohler v. Luckenbaugh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Yorh county: Of May Term 1877, No-90. On the 23d of May 1874, Jacob Luckenbaugh issued a summons in case for slander against William Kohler, which was made returnable to the first Monday of July 1874. It was served on defendant on the 4th of June 1874. No further proceedings were had in the case until April 8th 1876, when the plaintiff filed a declaration and on the 19th of the same month in open court, judgment by default was entered…
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Error to the Court of Common Pleas of Yorh county: Of May Term 1877, No-90. On the 23d of May 1874, Jacob Luckenbaugh issued a summons in case for slander against William Kohler, which was made returnable to the first Monday of July 1874. It was served on defendant on the 4th of June 1874. No further proceedings were had in the case until April 8th 1876, when the plaintiff filed a declaration and on the 19th of the same month in open court, judgment by default was entered against the defendant for want of an appearance. On the 27th of April 1876 a writ of inquiry of damages issued on said…
1Opinion of the CourtJustice Gordon
It is conceded that the judgment, in this case, was irregularly taken. The writ was issued to the first Monday of July 1874; the narr. was not filed until the 8th of April 1876 ; nevertheless, on the 19th of the same month, without notice to the defendant, *261judgment was taken against him, in open court, for the want of an appearance. As, on all authority, to entitle himself to such judgment, the plaintiff should have filed his declaration before the return-day of the writ, the court should have made the defendant’s motion to strike off the assessment of damages absolute. It is urged, however,…
2Cited by9 opinions
- Osterhout v. BriggsSuperior Court of Pennsylvania · 1908
- Melloy's Sons v. Deal & BurtisSupreme Court of Pennsylvania · 1889
- Miller v. JacksonSuperior Court of Pennsylvania · 1909
- Keiper v. KeiperSuperior Court of Pennsylvania · 1985
- Connor v. LyonSuperior Court of Pennsylvania · 1900
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