Beishline v. Kahn
Supreme Court of Pennsylvania
Appeal, No. 286, Jan. T., 1919, by plaintiff, from order of C. P. Luzerne Co., July T., 1917, No. 647, striking off judgment in case of Howard Beishline v. Joseph Kahn and London & Lancashire Indemnity Company of America. Rule to strike off judgment. Before the five judges of the Court of Common Pleas of Luzerne County. The court made the rule absolute. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Me. Chief Justice Brown,
This appeal is from an order of the court below striking off a judgment entered for want of an affidavit of defense before the return day of the summons issued against the defendant in an action of assumpsit. Prior to the passage of the Practice Act of May 14,1915, P. L. 488, such judgment could not have been taken, and judges of the common pleas, including those of the court below, have differed as to the right of a plaintiff to take it under that act. The majority of the court below were of opinion that the act did not authorize it, and the rule to strike…
2Cases cited3 opinions
- Henness v. MeyerSupreme Court of Pennsylvania · 1839
- Griesmer v. HillSupreme Court of Pennsylvania · 1909
- Fehr v. ReichSupreme Court of Pennsylvania · 1860
3Cited by8 opinions
- Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
- Murta v. ReillySupreme Court of Pennsylvania · 1922
- Riker v. KilinskiSupreme Court of Pennsylvania · 1932
- Noll v. Corporation of Royal Exchange AssuranceSuperior Court of Pennsylvania · 1921
- Roads v. DietzSuperior Court of Pennsylvania · 1923
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