Gillespie v. Smith

Supreme Court of Pennsylvania

Gillespie v. Smith

13 Pa. 65

Supreme Court of Pennsylvania·Decided March 15, 1850·Published·Cited by 5 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

13 Pa. 65 (Gillespie v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related