Van Cott v. Webb-Miller

Citations

• 25 Pa. Super. 51
• 1904 Pa. Super. LEXIS 12

Syllabus

<p>Judgment — Opening judgment — Affidavit of defense — Husband and wife— Partnership — Execution—Lien.</p> <p>In an action of assumpsit against a married woman and her husband alleged»to be trading in the name of the wife, an affidavit of defense by the wife based on grounds tending to negative liability by any one, and alleging that her husband was her business manager, is good for both husband and wife.</p> <p>In such a case if the husband employs counsel and instructs him to file an affidavit of defense, and the latter fails to do so, and judgment is entered against the husband for want of an affidavit, and subsequently the husband appeals to the court to open the judgment, alleging that he was not a partner of his wife and was a stranger to the transaction with the plaintiff, the judgment should be opened; but if execution has issued the execution and lien should remain until the final disposition of the case.</p>