Smith v. Bohn
This text of 22 F. Cas. 458 (Smith v. Bohn) 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.
Opinion
The reasonable construction of this act seems to be, that, to entitle the plaintiff to file a common appearance for the defendant, and to enter up judgment against him by nihil dicit, the writ must have been served ten days, and the declaration filed five days before the return day. But if the plaintiff does not seek to avail himself of this privilege, but is content to proceed in like manner as if the defendant had not made default, there can be no reason for setting aside the writ, or why the plaintiff may not file liis declaration at any time after the five days, and proceed as if the defendant had entered an appearance.
Let the rule be discharged.
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Cite This Page — Counsel Stack
22 F. Cas. 458, 4 Wash. C. C. 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-bohn-circtedpa-1821.