Smith v. Wertheimer

Citations

• 76 Pa. Super. 210
• 1921 Pa. Super. LEXIS 120

Syllabus

<p>Courts — Municipal courts — Buies—Actions of trespass — Judgment ly default.</p> <p>The Municipal Court of Philadelphia may not by rule of court authorize the entry of judgment by default, for want of a sufficient affidavit of defense, in actions of trespass.</p> <p>Under the Act of June 20, 1919, P. L. 515, which amended the Act of July 12, 1913, P. L. 711, creating the municipal court, the practice and procedure in the municipal court is made the same as the practice and procedure in the Courts of Common Pleas of Philadelphia County, except as modified by said Act of June 20, 1919, P. L. 515, and the rules duly adopted by a majority of the judges.</p> <p>The power of the municipal court is not greater than that conferred upon the several courts of common pleas, and the exercise of that power in the case of all of the courts must be in conformity with the general and special enactment relating to that particular subject. Where the statute prescribes a mode of procedure or practice, that excludes a different mode adopted by the court. Rules of court apply where the matters regulated are not covered by statute.</p> <p>In the Procedure Act of 1887, as amended by the Practice Act of 1919, judgment cannot be taken by default in an action of trespass and a rule of court is, therefore, invalid which seeks to permit such procedure.</p>