prothonotary without power to enter default where defendant had not ruled plaintiff to file complaint
How later courts described this case
- prothonotary without power to enter default where defendant had not ruled plaintiff to file complaint
Written by the judges who cited it.
The opinion
PRICE, Judge,
dissenting:
I dissent. The passage of almost two years and ten months from praecipe for a writ to entry of a non pros judgment in a trespass action for personal injuries coupled with the fact that no complaint was filed for a period exceeding three years supports the entry of this judgment of non pros. No proper reason is advanced to remove it.
Pa.R.C.P. 1037(c) provides:
“In all cases, the court, on motion of a party, may enter an appropriate judgment against a party upon default or admission.”
*244 The statute of limitation, while not an absolute measure of default in prosecutions, does provide a yardstick of some value, and it has often been said that such a time limit in a non pros situation imposes no hardship on those bringing the suit. It is clearly the law of Pennsylvania that one who brings another into court should prosecute the claim with reasonable diligence. I believe appellee has failed to comply with this requirement.
I would reverse the order of the lower court.