Trescott v. Co-operative Building Bank

Citations

• 215 Pa. 438
• 64 A. 630
• 1906 Pa. LEXIS 819

Syllabus

<p>Judgment — Opening judgment — Pleading—Insufficient statement of claim.</p> <p>A judgment entered for want of an affidavit of defense will be opened where it appears (1) that it is doubtful whether at the date of the judgment, fifteen days’ notice of the filing of plaintiff’s statement had been given, (2) that the defendant moved promptly to have the default taken off, setting forth a meritorious defense explaining the delay, and (3) that the plaintiff’s statement was not sufficient to call for an affidavit of defense.</p>