Commonwealth ex rel. French v. Foley
Superior Court of Pennsylvania
Appeal, No. 1, March T., 1920, by defendant, from judgment of O. P. Lackawanna County, Oct. T., 1918, No. 879, in favor of plaintiff for want of a sufficient affidavit of defense in the case of Commonwealth of Pennsylvania ex rel. R. L. French v. A. L. Foley. Assumpsit for penalty for illegal use of milk cans of another under Act of May 4, 1889, P. L. 84. Before O’Neill, J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 1, March T., 1920, by defendant, from judgment of O. P. Lackawanna County, Oct. T., 1918, No. 879, in favor of plaintiff for want of a sufficient affidavit of defense in the case of Commonwealth of Pennsylvania ex rel. R. L. French v. A. L. Foley. Assumpsit for penalty for illegal use of milk cans of another under Act of May 4, 1889, P. L. 84. Before O’Neill, J. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. Error…
1Opinion of the Court
Opinion by
Keller, J.,
This appeal must be sustained. We have held in the case of Maiorana v. Sacchetti, 73 Pa. Superior Ct. 510, that the Practice Act of 1915, (P. L. 483), does not apply to appeals from a justice of the peace or alder*255man. Under prior practice acts an affidavit of defense was not required in an action for a penalty: Osborn v. First National Bank, 154 Pa. 134; and judgment for want of a sufficient affidavit of defense could not be entered in such an action, even if an affidavit of defense was filed: Bartoe v. Guckert, 158 Pa. 124. Furthermore, the plaintiff’s statement is not…
2Cases cited4 opinions
- Osborn v. First National BankSupreme Court of Pennsylvania · 1893
- Bartoe v. GuckertSupreme Court of Pennsylvania · 1893
- Maiorana v. SacchettiSuperior Court of Pennsylvania · 1920
- Rosenblum v. StolzenbergSuperior Court of Pennsylvania · 1908
3Cited by2 opinions
- Schjerup v. Upper Merion Township School DistrictSuperior Court of Pennsylvania · 1937
- Porter v. Arnold, Pennsylvania Court of Common Pleas, Delaware County1948