American Manufacturing Co. v. S. Morgan Smith Co.
Superior Court of Pennsylvania
Appeal, No. 15, March T., 1904, by plaintiff, from order of C. P. York. Co., Jan. T., 1908, No. 58, making absolute rule to strike off judgment in case of The American Manufacturing Company to use of John Y. Doniphan v. S. Morgan Smith Company. Rule to strike off judgment. From the record it appeared that on January 22, 1903, a rule to plead on fifteen days’ notice was entered and served.
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Appeal, No. 15, March T., 1904, by plaintiff, from order of C. P. York. Co., Jan. T., 1908, No. 58, making absolute rule to strike off judgment in case of The American Manufacturing Company to use of John Y. Doniphan v. S. Morgan Smith Company. Rule to strike off judgment. From the record it appeared that on January 22, 1903, a rule to plead on fifteen days’ notice was entered and served. On February 2, 1903, a rule was granted against the nonresident plaintiff to enter security for costs. In granting this rule the court directed “ that pending the giving of such security all proceedings in…
1Opinion of the Court
Opinion by
Smith, J.,
The direction, included in the rule to give security for costs, “ that pending the giving of such security all proceedings in the case be stayed, and that the defendant be not required to plead,” merely suspended the operation of the rule to plead until the rule for security was disposed of. When the rule for security was satisfied, the stay of proceedings during its pendency expired, and the effect of the rule to plead was restored as fully as if it had not been suspended. The residue of the time stipulated in this rule began to run when satisfaction of the rule for…
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