Bryn Mawr National Bank v. James
Supreme Court of Pennsylvania
Appeal, No. 436, Jan. T., 1892, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 832, making absolute rule to strike off judgment against defendant, Emma James. Assumpsit on promissory note. From the record it appeared that on Oct. 31,1891, summons in assumpsit issued and a statement on a promissory note was filed. Nov. 2,1891, service of the writ and statement was accepted b)- John J. Clark, whose appearance was entered as attorney for defendant.
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Appeal, No. 436, Jan. T., 1892, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 832, making absolute rule to strike off judgment against defendant, Emma James. Assumpsit on promissory note. From the record it appeared that on Oct. 31,1891, summons in assumpsit issued and a statement on a promissory note was filed. Nov. 2,1891, service of the writ and statement was accepted b)- John J. Clark, whose appearance was entered as attorney for defendant. Judgment was subsequently entered for want of an affidavit of defence, and execution issued. The defendant then applied for…
1Opinion of the Court
Opinion by
Mr. Chiee Justice Paxson,
The only specification of error is, that the court below erred in striking off the judgment which had been entered in favor of the plaintiff. The appellant’s paper book does not give us the entire record necessary to an intelligent understanding of the case. The appellee, however, has given us the affidavit of the defendant upon which the court granted the rule to strike off the judgment, by which it appears that the first knowledge that the defendant had that a suit had been brought against her was the execution issued upon the judgment; that one John J.…
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