Myler v. Wittish

Supreme Court of Pennsylvania November 10, 1902

Myler v. Wittish, 204 Pa. 180 (Pa. 1902)

53 A. 758; 1902 Pa. LEXIS 619

Brown, Dean, Fell, McCollum, Mestrezat, Mitchell, Potter

Opinion of the Court

Per Curiam,.

Before judgment was entered for want of an appearance, the defendant had appeared in court personally, and by counsel on the hearing of a motion to dissolve the attachment. He had been served with a rule to plead, and had filed an answer and. a demurrer.

The court treated this as equivalent to a formal appearance and we think properly so.

The order striking off the judgment is affirmed.

Reference

Status: Published
Syllabus: Appearance—Judgment— Want of appearance—Opening judgment—Attachment under act of 1869. A judgment entered for want of an appearance in an attachment under the act of March 17, 1869, will be opened where it appears that before judgment was entered the defendant had appeared in court personally, and by counsel on the hearing of a motion to dissolve the attachment, that he had been served with a rule to plead, and filed an answer and a demurrer. All this was equivalent to a formal appearance.