Legal Opinion

Manning v. Baylinson

Superior Court of Pennsylvania

Decided December 13, 1917No. Appeal, No. 209PublishedCited by 9 opinions

Appeal, No. 209, Oct. T., 1917, by defendant, by Ms next friend, Lily B. Averett, from order of Municipal Court, PMladelpMa Co., Oct. T., 1916, No. 579, discharging rule to strike off judgment in case of Alexander Manning v. Aaron Baylinson. Rule to strike off judgment. The opinion of the Superior Court states the case. Error assigned was order discharging rule to strike off judgment.

1Opinion of the Court

Opinion by

Williams, J.,

This is an appeal by the next friend of a minor from the discharge of a rule to show cause why a judgment entered against him for want of an answer should not be stricken off.

The statement avers that defendant assaulted plaintiff, October 19,1916. The sheriff’s return contained affidavits establishing that defendant was born February 16, 1897. December 30, 1916, judgment was entered against him and subsequently damages were assessed. April 2, 1917, defendant filed, through his next friend, a petition to strike off the judgment. A rule to show cause was granted and made…

2Cases cited2 opinions

  1. Mitchell v. SpauldingSupreme Court of Pennsylvania · 1903
  2. Swain v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1867

3Cited by9 opinions

  1. Benz v. HeckmanSupreme Court of Pennsylvania · 1938
  2. Bradley v. Cool, Pennsylvania Court of Common Pleas, Philadelphia County1932
  3. Coven v. Coven, Pennsylvania Court of Common Pleas, Washington County1925
  4. Harrison v. HarrisonPennylvania Municipal Court, Philadelphia County · 1931
  5. Hess v. Gerhart, Pennsylvania Court of Common Pleas, Lancaster County1933

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