Sheepshanks v. Boyer

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

Sheepshanks v. Boyer

21 F. Cas. 1225

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

DecidedApril 15, 1827

StatusPublished

This text of 21 F. Cas. 1225 (Sheepshanks v. Boyer) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

21 F. Cas. 1225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheepshanks-v-boyer-circtedpa-1827.