69 Pa. Super. 369 | Pa. Super. Ct. | 1918
Opinion by
This case is an appeal from the order of the Municipal Court making absolute a rule to open a judgment taken against the defendant for want of an answer and to permit him to make a defense. The summons were served personally on the defendant April 27, 1917. The judgment was entered May 8, 1917. The application to open the judgment was made by the defendant’s attorney who alleges that he had a conversation with the plaintiff’s attorney on the seventh of May, 1917, in which he asked the latter for an extension of time for filing an answer, to which the plaintiff’s counsel assented, telling him to take as much time as he wanted. This averment is denied in the answer to the petition for the rule. No depositions were taken and no opinion was filed by the court. We may assume, however, that the action of the court was based on the averment of the parol understanding between the counsel. Section 12 of the Act of July, 1913, creating the Municipal Court contains the following provisions:. “All civil actions in said Municipal Court shall be begun by filing a statement of the plaintiff’s claim.......The said clerk shall thereupon issue a
The power of the court to regulate the administration of its own rules has been recognized in many cases but this is an exercise of authority to be distinguished from that brought into operation where the procedure is prescribed by statute. The period within which an answer must be filed in the Municipal Court is fixed by the act creating the court. The purpose of the limitation of time is obvious. A chief reason for the establishing of this tribunal was that there might be a more expeditious administration of justice in the class of cases within its jurisdiction and the limiting of the time within which a defendant might exhibit his defense is in harmony with this general purpose. When the statute declares that the defendant “must file” an answer to the plaintiff’s claim within ten days of the service of the summons it places on one sued the necessity of diligence if he would avoid the consequences of a judgment. Where a judgment is entered after a default in this respect an alleged verbal understanding between the counsel as to the time when the answer might be filed does not furnish a sufficient ground for opening the judgment and this is particularly true where the understanding is denied
The order appealed from is reversed and the judgment reinstated.