Supreme Court of Pennsylvania, 1937

Farmers Tr. Co. v. Egulf, Exrs.

Farmers Tr. Co. v. Egulf, Exrs.
Supreme Court of Pennsylvania · Decided May 10, 1937 · Schaffer, Maxex, Linn, Stern, Barnes
192 A. 653; 326 Pa. 453; 1937 Pa. LEXIS 498

Farmers Tr. Co. v. Egulf, Exrs.

Opinion of the Court

Per Curiam,

The single question raised in these appeals is whether judgment may he entered by default for want of an affidavit of defense in an action in assumpsit brought against the executors of a decedent upon a contract made by him. The court below determined that such a judgment could not be entered. This determination was made before our recent decision in Myers v. Rabinovitz, 326 Pa. 183, was handed down. We there decided that such a judgment is authorized.

The orders of the court are reversed, with directions to reinstate the judgments entered for plaintiffs against defendants for want of an affidavit of defense unless cause to the contrary be shown.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.