Gillespie v. Smith

13 Pa. 65 | Pa. | 1850

Per curiam.

The affidavit may be filed at any time, before motion for judgment. Such is the governing principle in the case of 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.