Smith v. Morrell Beer Distributors, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a petition need only plead a defense that “if proved at trial would justify relief”
• holding appellants were not entitled to relief under Pa.R.Civ.P. 237.3(b) because their petition to open a default judgment did not set forth a meritorious defense (Footnote Continued Next Page
• finding that when plaintiffs failed to attach answer to petition, but rather averred answer was forthcoming, “despite their omission, [plaintiffs] would be entitled to relief if their petition met the requirements of Rule 237.3(b).”
• explaining that to plead a meritorious defense in the context of a petition to open, “[t]he defendant must set forth the defense in precise, specific and clear terms.” (citation, quotation marks and ellipses omitted)
• stating “the requirement of a meritorious defense is only that a defense must be pleaded that if proved at trial would justify relief” (citation modified)
• finding defendant failed to “set forth a meritorious defense supported by verified allegations of fact” when petition contained only “conclusions of law and challenges to [plaintiff’s] proof”

Source: CourtListener parenthetical corpus (CC0).