Macrino v. Cioni

Lackawanna County Court of Common Pleas

Macrino v. Cioni

81 Pa. D. & C. 278, 1951 Pa. Dist. & Cnty. Dec. LEXIS 219

CourtPennsylvania Court of Common Pleas, Lackawanna County

DecidedDecember 12, 1951

Docketno. 148

StatusPublished

This text of 81 Pa. D. & C. 278 (Macrino v. Cioni) 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

Macrino v. Cioni, 81 Pa. D. & C. 278, 1951 Pa. Dist. & Cnty. Dec. LEXIS 219 (Pa. Super. Ct. 1951).

Pincite

Opinion

Hoban, P. J.,

This is á complaint in assumpsit. The complaint sets forth a judgment in the Municipal Court of New York and nonpayment, attaching as an exhibit a “true and correct copy” of the record in the New York court.

Defendant objects that the exhibit is not an “exemplified copy”.

The objection is not valid. Exemplification is required as proof under the full faith and credit clause of the Federal Constitution and laws, but not as pleading. Mere averment of the judgment even without pleading jurisdictional facts for it is sufficient: Pa. R. C. P. 1019(e). As for the copy to be attached, Pa. R. C. P. 1019(A) only requires the material part to be attached, which in this instance is the judgment. The complaint is in adequate form and calls for an answer.

Now, December 12, 1951, the preliminary objection to the complaint is dismissed, defendant to plead over in 20 days.

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Hoban, P. J.,

This is á complaint in assumpsit. The complaint sets forth a judgment in the Municipal Court of New York and nonpayment, attaching as an exhibit a “true and correct copy” of the record in the New York court.

Defendant objects that the exhibit is not an “exemplified copy”.

The objection is not valid. Exemplification is required as proof under the full faith and credit clause of the Federal Constitution and laws, but not as pleading. Mere averment of the judgment even without pleading jurisdictional facts for it is sufficient: Pa. R. C. P. 1019(e). As for the copy to be attached, Pa. R. C. P. 1019(A) only requires the material part to be attached, which in this instance is the judgment. The complaint is in adequate form and calls for an answer.

Now, December 12, 1951, the preliminary objection to the complaint is dismissed, defendant to plead over in 20 days.

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Bluebook (online)

81 Pa. D. & C. 278, 1951 Pa. Dist. & Cnty. Dec. LEXIS 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macrino-v-cioni-pactcompllackaw-1951.