Dexter v. Powell

Citations

• 14 Pa. Super. 162
• 1900 Pa. Super. LEXIS 30

Syllabus

<p>Buies of court — Construction by court — Appeal.</p> <p>Every court is the best judge of its own rules and its construction thereof will not be reversed unless manifestly erroneous and injurious; but while the construction which a court puts upon its own rule is entitled to the highest respect and is only to be reversed in caso of clear error, it is always proper on appeal to consider the construction which the Supreme Court has put upon rules which speak in language almost identical with regard to the same subject-matter.</p> <p>Practice, C. P. — Promissory note — Proof of execution — Abrogation of rule of court.</p> <p>Where a rule of court provides, “ that in actions upon a note, etc., a copy of which has been filed with the statement, the execution of the paper, including the handwriting of drawer, acceptor or indorser thereon, shall be taken as admitted on the trial unless the defendant shall deny the execution on oath within the time prescribed for filing affidavits of defense,” it was error for the trial judge to require the plaintiff in the absence of such affidavit, to prove the authority of the agent who indorsed for the payee company.</p>