Opinion

Duncan v. Bell, Johnston, Jack & Co.

  • 28 Pa. 516
Court
Supreme Court of Pennsylvania
Filed
Jul 1, 1857
Status
Published
Author
Woodward
On the bench
Armstrong, Knox, Lewis, Lowrie, Woodward
Cited by
8 cases

The opinion

Woodward, J.

I concur in this judgment on the first ground taken in the opinion. Under the rule of court, according to its universal interpretation, the defendant had the whole of the first day of the term to file his affidavit of defence. Where judgment is taken on the first day of the term, for want of the affidavit, the practice has been to open it on coming in of the affidavit afterward, but on the same day; and it is so general and just a practice, especially in the rural districts, that I am willing to recognise it as a rule of law, and in vindication of it to reverse the judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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