192 A. 653
Supreme Court of Pennsylvania.May 10, 1937.
June 25, 1937.
Practice — Judgment against executors for want of an affidavit of defense.
Judgment may be 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.
Argued May 10, 1937.
Before SCHAFFER, MAXEY, LINN, STERN and BARNES, JJ.
Appeals, Nos. 130 and 165, Jan. T., 1937, from judgments of C. P. Cumberland Co., Sept. T., 1931, Nos. 433 and 430, in cases of Farmers Trust Company v. William S. Egulf et al., executors of Laura E. Alexander, deceased; and Mrs. Mary Stine v. Laura E. Alexander et al., executors of Laura E. Alexander, deceased. Reversed.
Actions of assumpsit.
Judgment entered in each case for want of an affidavit of defense. Rules to strike off the judgments made absolute, opinion by REESE, P. J. Plaintiff in each case appealed.
Page 454
Error assigned, among others, was action of court in striking off the judgment.
E. M. Biddle, Jr., with him J. Harvey Line, Caleb S. Brinton and Frederick J. Templeton, for appellants.
Joseph P. McKeehan, with him Vallie W. Lengyel, for appellees.
PER CURIAM, June 25, 1937:
The single question raised in these appeals is whether judgment may be 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.