Newbold v. Pennock
Supreme Court of Pennsylvania
Appeal, No. 270, Jan. T., 1893, by defendant, Davis Pennoelc, from order of C. P. Chester Co., Oct. T., 1892, No. 17, refusing to strike off judgment in favor of William R. Newbold, trading as Hoopes & Newbold. Rule to strike off judgment for plaintiff, in assumpsit by indorsee against maker of promissory note.
Read the full summary
Appeal, No. 270, Jan. T., 1893, by defendant, Davis Pennoelc, from order of C. P. Chester Co., Oct. T., 1892, No. 17, refusing to strike off judgment in favor of William R. Newbold, trading as Hoopes & Newbold. Rule to strike off judgment for plaintiff, in assumpsit by indorsee against maker of promissory note. Plaintiff’s statement, signed by counsel, was as follows: “The plaintiff, Hoopes & Newbold, claim of the defendant, Davis Pennock, the sum of $541.07, with interest thereon from Aug. 7, 1892, and one dollar and sixty-five cents costs of protest, which is justly due and payable to the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The second section of the act of April 5, 1862, P. L. 270, was necessarily repealed by the procedure act of 1887. They embrace the same subject, the filing of affidavits of defence and entering judgment for default thereof, and their provisions can*596not stand together without establishing two methods of practice for reaching precisely the same result, or making a mongrel method which is not the one prescribed by either statute. A single instance of the incongruity of the two acts will suffice. Under the act of 1887 the plaintiff must file not only a copy of the…
2Cases cited4 opinions
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Marlin v. WatersSupreme Court of Pennsylvania · 1889
- Weigley v. TealSupreme Court of Pennsylvania · 1889
3Cited by36 opinions
- Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
- Muir v. Preferred Accident InsuranceSupreme Court of Pennsylvania · 1902
- Fort Pitt B. & L. Ass'n v. Model Plan B. & L. Ass'nSupreme Court of Pennsylvania · 1893
- North v. YorkeSupreme Court of Pennsylvania · 1896
- Peale v. AddicksSupreme Court of Pennsylvania · 1896
31 more not listed; retrieve them via the Exa API.