Sheepshanks v. Boyer

U.S. Circuit Court for the District of Eastern Pennsylvania

Sheepshanks v. Boyer

21 F. Cas. 1225

U.S. Circuit Court for the District of Eastern Pennsylvania·Decided April 15, 1827·Published

Opinion

BY THE COURT.

An affidavit of merits is necessary where the defendant is in default and the judgment is entered pursuant to the rules of the court. Here there was no default; the application to the clerk, and his promise to enter an appearance, are equivalent to an appearance; the attorney was not bound to enter his appearance on the docket, and though the plaintiff’s counsel did not know of the application, yet as he takes judgment at his own risk, he cannot retain it under such circumstances. The judgment and execution must be set aside.

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BY THE COURT.

An affidavit of merits is necessary where the defendant is in default and the judgment is entered pursuant to the rules of the court. Here there was no default; the application to the clerk, and his promise to enter an appearance, are equivalent to an appearance; the attorney was not bound to enter his appearance on the docket, and though the plaintiff’s counsel did not know of the application, yet as he takes judgment at his own risk, he cannot retain it under such circumstances. The judgment and execution must be set aside.

Sheepshanks v. Boyer, 21 F. Cas. 1225 (circtedpa 1827).

Pincite

21 F. Cas. 1225 (Sheepshanks v. Boyer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.