Spetz v. Howard

Citations

• 23 Pa. Super. 420
• 1903 Pa. Super. LEXIS 88

Syllabus

<p>Justice of the peace — Appeals—Statement—Affidavit of defense.</p> <p>Where on an appeal from a justice of the peace, the plaintiff has filed a statement from which a judgment may be liquidated and has served notice of the filing of the statement, and no affidavit of defense has been filed within fifteen days after notice, judgment may be entered against the defendant, and such judgment will not afterwards be stricken off.</p> <p>Judgment— Contract — Mental weakness — Drunlcenness—Lunacy.</p> <p>A judgment will not be opened on the ground that the defendant was incapacitated on account of habitual drunkenness to make the contract under which the judgment was entered, where no fraud or imposition is shown, and where the evidence is not of such a character as to show that the defendant was entirely incapable of making a contract or transacting ordinary business.</p>