Bornfriend v. Berman

Montgomery County Court of Common Pleas

Bornfriend v. Berman

15 Pa. D. & C.2d 652, 1958 Pa. Dist. & Cnty. Dec. LEXIS 321

CourtPennsylvania Court of Common Pleas, Montgomery County

DecidedJune 13, 1958

Docketno. 370

StatusPublished

This text of 15 Pa. D. & C.2d 652 (Bornfriend v. Berman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bornfriend v. Berman, 15 Pa. D. & C.2d 652, 1958 Pa. Dist. & Cnty. Dec. LEXIS 321 (Pa. Super. Ct. 1958).

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Opinion

Gerber, J.,

This matter is before the court on certiorari. Under the Act of July 7, 1879, P. L. 194, sec. 2, 42 PS §451, where a defendant has filed an affidavit of defense, a plaintiff must prove his case by sworn testimony before judgment may be entered by default. A judgment entered in violation of this act may be attacked on certiorari even though it has issued more than 20 days after the rendition of the judgment: S. Carl Garner & Co. v. Marshall, 58 D. & C. 674 (1946) ; Hilands v. Shade, 63 D. & C. 159 (1948).

And now, to wit, June 13, 1958, it is ordered, adjudged and decreed that the exceptions be sustained, and that the judgment entered in the above case be and is hereby vacated, and further it is ordered that the record be remanded to the office of the justice of the peace for further proceedings in conformity with this opinion.

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Gerber, J.,

This matter is before the court on certiorari. Under the Act of July 7, 1879, P. L. 194, sec. 2, 42 PS §451, where a defendant has filed an affidavit of defense, a plaintiff must prove his case by sworn testimony before judgment may be entered by default. A judgment entered in violation of this act may be attacked on certiorari even though it has issued more than 20 days after the rendition of the judgment: S. Carl Garner & Co. v. Marshall, 58 D. & C. 674 (1946) ; Hilands v. Shade, 63 D. & C. 159 (1948).

And now, to wit, June 13, 1958, it is ordered, adjudged and decreed that the exceptions be sustained, and that the judgment entered in the above case be and is hereby vacated, and further it is ordered that the record be remanded to the office of the justice of the peace for further proceedings in conformity with this opinion.

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Bluebook (online)

15 Pa. D. & C.2d 652, 1958 Pa. Dist. & Cnty. Dec. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bornfriend-v-berman-pactcomplmontgo-1958.