Stewart v. Philadelphia

Citations

• 240 Pa. 569
• 88 A. 12
• 1913 Pa. LEXIS 716

Syllabus

<p>Practice, O. P. — Power and discretion of court — Belay in filing statement of claim — Judgment of non pros.</p> <p>Where a summons in assumpsit was issued in 1899, and no other step in the ease was taken by the plaintiff until 1912, when a statement of claim was filed, the lower court commits no error in striking off the statement of claim, and entering a judgment of non pros upon a rule entered by tbe defendant. Waring v. Pennsylvania R. R. Co., 176 Pa. 172, followed.</p>