25 Pa. 365 | Pa. | 1855
The opinion of the Court was delivered by
It is unnecessary to consider the sufficiency of the affidavit, for this was not a case in which an affidavit of defence was legally required.
The rule of the District Court of Allegheny county, under which the judgment was entered, is in the following words:—
“ In all actions hereafter instituted in this Court on bills, notes, bofids, or other instruments of writing for the payment of money, on book account; in all actions on contracts for the loan or advance of money, whether the same be in writing or not; in all actions of scire facias, on mortgages and on liens of mechanics and material men, under the Act of 17th March, 1836, and the various supplements thereto; and in all actions of debt or scire facias, on recognisance, judgment, or other record, the plaintiff may enter judgment by default, at any time after the return day and ten days’ service of the writ,” &c.
The defendant was a stockholder in the plaintiff’s company, and the action was to recover the amount of the unpaid assessments made on the defendant’s stock. This cause of action is not embraced in any of the specifications in the rule. The action was not instituted on a bill, note, bond, or other instrument of writing for the payment of money, nor on a contract for the loan or advance of money, nor was it an action of scire facias of any description, and consequently the rule of Court did not apply to it. Had the action been brought upon a subscription to the stock
Judgment reversed and procedendo awarded.