Brinton v. Hogue

Citations

• 172 Pa. 366
• 33 A. 554
• 1896 Pa. LEXIS 784

Syllabus

<p>Equity — Practice—Notice—Equity rules — Appearance of defendants.</p> <p>It is no ground for dismissing a bill in equity because plaintiff’s solicitor used the old form of notice to appear, answer, etc., instead of the new form prescribed by the amended equity rules, where the record shows that all the defendants had voluntarily appeared, and without objection actively participated in all the proceedings.</p> <p>The sole purpose of the notice, required by the rule of court, is to compel appearance of the defendant, etc. When he appears voluntarily and answers without objection to the form, or even the absence of notice, all that was intended to be accomplished by formal notice in accordance with the rule has been secured as effectually as if he had appeared, filed a waiver of notice and submitted his answer: Cassidy v. Knapp, 167 Pa. 805, distinguished.</p>