Emademe v. Weadick

Citations

• 69 Pa. Super. 369
• 1918 Pa. Super. LEXIS 89

Syllabus

<p>Judgment — Opening judgment — Answer to statement — Default in filing answer.</p> <p>Where a statute declares that the defendant “must file” an answer to the plaintifE’s claim within ten days of the service of the summons, it places on one sued the necessity of diligence if he would avoid the consequences of a judgment. Where a judgment is entered after a default in this respect, an alleged verbal understanding between the counsel as to the time when the answer might be filed does not furnish a sufficient ground for opening the judgment; and this is particularly true where the alleged understanding is denied by the defendant.</p>