Spinelli v. Costello

Citations

• 271 Pa. 204
• 114 A. 367
• 1921 Pa. LEXIS 481

Syllabus

<p>Judgment — Default—Failure to serve copy of affidavit of defense —Discretion of court — Pleadings.</p> <p>A judgment by default because of failure to serve copy of affidavit of defense on plaintiff or his counsel as required by rule of court, will ordinarily be relieved against; but, where the pleadings fail to suggest any defense on the merits, the appellate court cannot say that the lower court abused its discretion in entering the judgment.</p>