Legal Opinion

Tabas v. Robinson

Supreme Court of Pennsylvania

Decided February 20, 1922No. Appeals, Nos. 245 and 246PublishedCited by 3 opinions

Appeals, Nos. 245 and 246, Jan. T., 1922, by plaintiffs, from orders of C. P. No. 3, Phila. Co., March T., 1921, Nos. 3994, 4005, making absolute rule to open judgment, in case of Abraham Tabas et al., trading as Northern Metal Co. v. Harry Robinson et al., trading as American Metal Co. Rules to open judgments. Before Martin, P. J. The opinion of the Supreme Court states the facts.

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Appeals, Nos. 245 and 246, Jan. T., 1922, by plaintiffs, from orders of C. P. No. 3, Phila. Co., March T., 1921, Nos. 3994, 4005, making absolute rule to open judgment, in case of Abraham Tabas et al., trading as Northern Metal Co. v. Harry Robinson et al., trading as American Metal Co. Rules to open judgments. Before Martin, P. J. The opinion of the Supreme Court states the facts. On August 4, 1921, defendants filed petitions to open the judgments and let defendants into a defense, averring that there was (1) an agreement to attempt to settle the disputes; (2) that pending negotiations…

1Opinion of the Court

Per Curiam,

In this action of assumpsit, judgment was entered on July 29, 1921, for want of an affidavit of defense; August 4,1921, within the term, a petition was filed in support of a rule to open judgment, accompanied by an af*166fidavit of defense; depositions were taken, and the court below, being impressed with the merits of the affidavit tendered, and that the default, in not sooner entering a defense, had been reasonably explained, made an order opening the judgment and letting defendants in to a defense. Plaintiffs have appealed from this order, complaining, in substance, that the…

2Cited by3 opinions

  1. Johnson v. NippertSupreme Court of Pennsylvania · 1926
  2. Park Bank v. KlemanSupreme Court of Pennsylvania · 1923
  3. Michaels v. MoritzSuperior Court of Pennsylvania · 1938

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