Fuel City Mfg. Co. v. Waynesburg Products Corp.

Citations

• 268 Pa. 441
• 112 A. 145
• 1920 Pa. LEXIS 713

Syllabus

<p>Judgment — Opening judgment by default — Mistake of counsel— Act of May 14, 1915, P. L. 48S — Practice, O. P.</p> <p>1. Relief will be granted from a judgment entered by default, as a result of the mistake or oversight of counsel, where application is promptly made, a reasonable explanation or excuse for the default offered, and a defense shown upon the merits. The Act of May 14, 1915, P. L. 483, makes no change in this respect.</p> <p>2. A judgment for $12,000 entered for failure to file an affidavit of defense within fifteen days from service of statement, will be opened, where defendant petitions to open the judgment six days after its entry, files an affidavit of defense on the merits, and shows that its counsel misapprehended the new practice-under the Act of May 14, 1915, P. L. 483, as to filing an affidavit prior to the return day, and also relied upon an agreement of the bar that judgment should not be taken for default during a period set as a vacation.</p> <p>3. Section 12 ¡of the Act of May 14, 1915, P. L. 483, is to be construed to mean that a defendant, who has not filed his affidavit of defense within fifteen days, is in default and liable to have judgment entered against him but not as a prohibition against filing the affidavit after the time limit, where judgment has not been entered, or, if entered, upon a rule to open it.</p> <p>Appeals — Judgments—Opening judgment — Act of May BO, 1891, P. L. 101 — Abuse of discretion.</p> <p>4. The Act of May 20, 1891, P. L. 101, authorizes an appeal from a decision on an application to open a judgment. While such application is an appeal to the discretion of the court, its action will be reversed where such action is expressly based upon legal grounds which are untenable, or where there has been an abuse of discretion.</p> <p>5. To deprive a party of trial by jury in a case involving over $12,000, because of an honest oversight of counsel, speedily corrected, constitutes an abuse of discretion.</p> <p>Practic