Farmers Tr. Co. v. Egulf, Exrs.
This text of 192 A. 653 (Farmers Tr. Co. v. Egulf, Exrs.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The single question raised in these appeals is whether judgment may he entered by default for want of an affidavit of defense in an action in assumpsit brought against the executors of a decedent upon a contract made by him. The court below determined that such a judgment could not be entered. This determination was made before our recent decision in Myers v. Rabinovitz, 326 Pa. 183, was handed down. We there decided that such a judgment is authorized.
The orders of the court are reversed, with directions to reinstate the judgments entered for plaintiffs against defendants for want of an affidavit of defense unless cause to the contrary be shown.
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Cite This Page — Counsel Stack
192 A. 653, 326 Pa. 453, 1937 Pa. LEXIS 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-tr-co-v-egulf-exrs-pa-1937.