Opinion

Hershey v. Segro

  • 252 Pa. Super. 240
  • 381 A.2d 478
  • 1977 Pa. Super. LEXIS 2978
Court
Superior Court of Pennsylvania
Filed
Dec 28, 1977
Status
Published
Author
Price
On the bench
Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth
Cited by
11 cases

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.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.