Legal Opinion

Stewart v. Philadelphia

Supreme Court of Pennsylvania

Decided May 5, 1913No. Appeal, No. 4PublishedCited by 7 opinions

Appeal, No. 4, Jan. T., 1913, by plaintiff, from judgment of non pros, of C. P. No. 1, Philadelphia Co., Dec. T., 1899, No. 593, in case of George W. Stewart v. The City of Philadelphia. Assumpsit on a contract.

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Appeal, No. 4, Jan. T., 1913, by plaintiff, from judgment of non pros, of C. P. No. 1, Philadelphia Co., Dec. T., 1899, No. 593, in case of George W. Stewart v. The City of Philadelphia. Assumpsit on a contract. From the record it appeared that a summons was issued December 29,1899; no statement of claim was filed until March 12, 1912; on March 29, 1912, defendant entered a rule on plaintiff to show cause why the statement of claim should not be stricken from the record and judgment of non pros, entered; on May 14, 1912, the rule was made absolute; on June 28,1912, plaintiff took a rule on…

1Opinion of the Court

Per Curiam,

Waring Bros. & Co. v. Pennsylvania Railroad Co., 176 Pa. 172, is conclusive that the court below did not err in refusing to strike off the judgment of non pros.

Appeal dismissed.

2Cases cited1 opinion

  1. Waring v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896

3Cited by7 opinions

  1. Gallagher v. Jewish Hosp. Assn. of Phila.Supreme Court of Pennsylvania · 1967
  2. Potter Title & Trust Co. v. FrankSupreme Court of Pennsylvania · 1929
  3. Prettyman v. IrwinSupreme Court of Pennsylvania · 1922
  4. Edwards v. Western Maryland Ry. Co.Supreme Court of Pennsylvania · 1920
  5. Neff v. SeidmanSuperior Court of Pennsylvania · 1923

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