Gillespie v. Smith

Supreme Court of Pennsylvania

Gillespie v. Smith

13 Pa. 65

CourtSupreme Court of Pennsylvania

DecidedMarch 15, 1850

StatusPublished

Cited by5 cases

This text of 13 Pa. 65 (Gillespie v. Smith) 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.

Bluebook

Gillespie v. Smith, 13 Pa. 65 (Pa. 1850).

Pincite

Opinion

Per curiam.

The affidavit may be filed at any time, before motion for judgment. Such is the governing principle in the case [67]*67of a rule to plead, or to declare. And it is founded in justice and convenience; for a party, wbo does not enforce his right at the ■ first moment, shows that he has not suffered by delay, and the signing of judgment is not imposed as a penalty. In this case the motion came too late.

Judgment reversed and procedendo awarded.

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Per curiam.

The affidavit may be filed at any time, before motion for judgment. Such is the governing principle in the case [67]*67of a rule to plead, or to declare. And it is founded in justice and convenience; for a party, wbo does not enforce his right at the ■ first moment, shows that he has not suffered by delay, and the signing of judgment is not imposed as a penalty. In this case the motion came too late.

Judgment reversed and procedendo awarded.

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Bluebook (online)

13 Pa. 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillespie-v-smith-pa-1850.

Opinion

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