Supreme Court of Pennsylvania, 1850

Gillespie v. Smith

Supreme Court of Pennsylvania · Decided March 15, 1850

13 Pa. 65

Cases that cite this one

5 later published cases cite this decision.

Commonwealth ex rel. Matulek v. Abbott (Washington County Court of Common Pleas 1923)
Laddi v. Grazianna (Fayette County Court 1941)
Lowenstein v. McGowan (Washington County Court of Common Pleas 1923)
Bordentown Banking Co. v. Restein (Pa. 1906)
Barndollar v. Fogarty (Pa. 1902)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per curiam.

The affidavit may be filed at any time, before motion for judgment. Such is the governing principle in the case *67of a rule to plead, or to declare. And it is founded in justice and convenience; for a party, wbo does not enforce his right at the ■ first moment, shows that he has not suffered by delay, and the signing of judgment is not imposed as a penalty. In this case the motion came too late.

Judgment reversed and procedendo awarded.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.