Famous Clothing Co. v. Assaf

Lackawanna County Court of Common Pleas

Famous Clothing Co. v. Assaf

48 Pa. D. & C. 398, 1943 Pa. Dist. & Cnty. Dec. LEXIS 13

CourtPennsylvania Court of Common Pleas, Lackawanna County

DecidedOctober 15, 1943

Docketno. 493

StatusPublished

This text of 48 Pa. D. & C. 398 (Famous Clothing Co. v. Assaf) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Famous Clothing Co. v. Assaf, 48 Pa. D. & C. 398, 1943 Pa. Dist. & Cnty. Dec. LEXIS 13 (Pa. Super. Ct. 1943).

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Opinion

Leach, P. J.,

Judgment was entered against defendants for want of sufficient affidavit-of defense. Upon execution being issued, a rule was granted to show cause' why the execution should not be vacated because one of the defendants had been in the Army during the time in which a part of the indebtedness had arisen.

There is no suggestion that any real estate of the soldier will be sold. His business if continued is subject to the mischance of fortune. It is problematical whether it would be of any service to him to stay the execution. There is no doubt that plaintiff is entitled to his pay.

Nothing in the Soldiers’ and Sailors’ Civil Relief Act of October 17, 1940, 54 Stat. at L. 1178, would war[399]*399rant a court in staying execution after proper appearance by defendant under the circumstances above outlined.

Now, October 15, 1943, rule to stay execution is discharged.

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Leach, P. J.,

Judgment was entered against defendants for want of sufficient affidavit-of defense. Upon execution being issued, a rule was granted to show cause' why the execution should not be vacated because one of the defendants had been in the Army during the time in which a part of the indebtedness had arisen.

There is no suggestion that any real estate of the soldier will be sold. His business if continued is subject to the mischance of fortune. It is problematical whether it would be of any service to him to stay the execution. There is no doubt that plaintiff is entitled to his pay.

Nothing in the Soldiers’ and Sailors’ Civil Relief Act of October 17, 1940, 54 Stat. at L. 1178, would war[399]*399rant a court in staying execution after proper appearance by defendant under the circumstances above outlined.

Now, October 15, 1943, rule to stay execution is discharged.

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Bluebook (online)

48 Pa. D. & C. 398, 1943 Pa. Dist. & Cnty. Dec. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/famous-clothing-co-v-assaf-pactcompllackaw-1943.