Public Ledger Co. v. Kleinman

Superior Court of Pennsylvania

Public Ledger Co. v. Kleinman

75 Pa. Super. 345, 1921 Pa. Super. LEXIS 14

CourtSuperior Court of Pennsylvania

DecidedMarch 5, 1921

DocketAppeal, No. 77

StatusPublished

Cited by4 cases

This text of 75 Pa. Super. 345 (Public Ledger Co. v. Kleinman) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Public Ledger Co. v. Kleinman, 75 Pa. Super. 345, 1921 Pa. Super. LEXIS 14 (Pa. Ct. App. 1921).

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Opinion

Opinion by

Trexler, J.,

Judgment was entered against the defendant for want of an affidavit of defense. His counsel promptly presented a petition to have it opened, and at the same time proffered an affidavit of defense showing that the plaintiff’s claim had been paid. The petition was supported by depositions. The affidavit of defense was sworn to and ready for filing on December 15th, and if it had been filed on that day judgment would have been prevented. The attorney in the case neglected to file it until December 17th, and in the meantime judgment was entered.

The court opened the judgment and in so doing acted within its sound discretion. See Cinnaminson Park Company v. Laws, 63 Pa. Superior Ct. 189; Fuel City Manufacturing Company v. Waynesburg Products Corporation, 268 Pa. 441.

Judgment affirmed.

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Opinion by

Trexler, J.,

Judgment was entered against the defendant for want of an affidavit of defense. His counsel promptly presented a petition to have it opened, and at the same time proffered an affidavit of defense showing that the plaintiff’s claim had been paid. The petition was supported by depositions. The affidavit of defense was sworn to and ready for filing on December 15th, and if it had been filed on that day judgment would have been prevented. The attorney in the case neglected to file it until December 17th, and in the meantime judgment was entered.

The court opened the judgment and in so doing acted within its sound discretion. See Cinnaminson Park Company v. Laws, 63 Pa. Superior Ct. 189; Fuel City Manufacturing Company v. Waynesburg Products Corporation, 268 Pa. 441.

Judgment affirmed.

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Bluebook (online)

75 Pa. Super. 345, 1921 Pa. Super. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-ledger-co-v-kleinman-pasuperct-1921.

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