Pennsylvania Superior Court Reports Volume 44

Pennsylvania Superior Court Reports Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...to file an answer within thirty days after service of the bill, is as of course. The fact, however, that such order is granted on application to the court, as in this case, neither adds to nor takes from its efficiency in the accomplishment of its purpose. The motion made to the court May 17, 1909, for judgment pro confesso, etc., and the order of the court thereon, must at least be treated and given the effect of an order entered as of course in the cause, that the bill be taken pro confesso, and inasmuch as there is nothing in the present motion, or answer accompanying the same, to warrant the court in striking it off, and for the further reason that I am of the opinion that to do so would only add costs for the defendant to pay, I am constrained to let it stand. And now, October 4, 1909, the motion to strike off the order or decree that the bill be taken pro confesso is refused. Error assigned was the order of the court. H. Clay Campbell, for appellant. W. W. Winslow, with him J. L. Fisher and C. Z. Gordon, for appellees. OPINION BY R1cE, P. J., October 10, 1910: The bill in equity in this case was filed to November Term, 1907, of the court of common pleas of Jefferson 355, (1910). Opinion of the Court. county. The docket entries in the case are not printed in the appellant's paper-book, but it is stated in the opinion of the learned judge of that court, and is undisputed, that the bill was served on September 9, 1907. Nor is it alleged that the usual rule and notice to appear within fifteen days and to answer within thirty days were not served as prescribed by the equity rules. Equity rule 29 provides that in default of compliance with the rule to answer the plaintiff may, at his election, enter an order as of course in the...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236846109
  • 9781236846105