Muir v. Preferred Accident Insurance

Citations

• 203 Pa. 338
• 53 A. 158
• 1902 Pa. LEXIS 725

Syllabus

<p>Practice, O. P. — Affidavit of defense — Agreements as to conduct of case— Extension of time.</p> <p>An affidavit of defense in Pennsylvania practice is no part of the pleadings. It is a mere step or incident of the proceedings required in order to prevent a summary judgment by default. When it has served that purpose its function is ended unless further enlarged by express rule of court.</p> <p>In Pennsylvania whatever does not affect the jurisdiction or the due order of business and convenience of the court is capable of arrangement between the parties or their counsel, and an agreement by them will become the law of the case.</p> <p>An agreement between the parties to extend the time for filing an affidavit of defense is not only' valid and enforceable by the courts, but becomes the law of the case.</p> <p>The provisions of the procedure act of 1887 in regard to judgments for want of affidavits of defense are in no sense mandatory upon the plaintiff for any purpose. On the contrary they are for his benefit, and he may extend the time or waive the requirements altogether by agreement, or by mere failure to enforce it.</p> <p>Practice, G. P. — Removal of cause — Federal court — Affidavit of defense —Extension of time to file affidavit of defense.</p> <p>The petition for the removal of a case from the state court to the federal court, should be filed before the defendant is required to file an affidavit of defense.</p> <p>Where the parties to a cause agree that the time within which an affidavit of defense may be filed shall be extended, the time within which the case may be removed to the federal court is also extended for the same time.</p> <p>Practice, G. P. — Removal of cause to federal court — Notice.</p> <p>No notice is necessary of an application to remove a cause to the federal court.</p> <p>It seems that after an order of removal has been made, the state court has no jurisdiction to rescind the order, although it may have been improvidently made.</p> <p>