International Fabricating Corp. v. Scranton Silk Machine Co.

Citations

• 269 Pa. 541
• 112 A. 762
• 1921 Pa. LEXIS 605

Syllabus

<p>Appeals — Objection not made in court below.</p> <p>1. Ordinarily an objection not made in the court below will not be considered on appeal.</p> <p>Judgment — Opening judgment — Affidavit for rule.</p> <p>2. It is not essential that an affidavit for a rule to open a judgment entered for want of a sufficient affidavit of defense, should aver that the matters omitted from the original affidavit could not have been discovered by the exercise of reasonable diligence before judgment was entered.</p> <p>3. This is especially so where the omitted matters are set forth in the supplemental affidavit of defense filed by leave of the court below.</p>