Ulshafer's Appeal

Decided May 7, 1883

Supreme Court of Pennsylvania · decided 1883-05-07

30, January Term, 1883. In Equity. John P. Hobart, Trustee, was plaintiff in a Bill in Equity to restrain Jacob Ulshafer and others from cutting timber. On June-14th, 1880, judgment pro confesso was taken against Ulshafer. On> Sept. 6th, 1880, a rule for attachment was granted. On Sept.. 13, 1880, Ulshafer filed an affidavit asking that judgment be opened so that he might make defence.

Decided 1883-05-07

¶1The Supreme Court affirmed the judgment of the Court below on May 7th, 1883 in the following opinion :

Per Curiam.

¶2As judgment was taken pro confesso for want of an answer the first and second assignments of error have no force. They cannot now be considered based on anything shown by the record. The third is without merit. The appellant had full opportunity of answering, but failed to do so after due notice.

¶3The preliminary injunction having been regularly decreed and standing unimpaired, there was no error in the Court issuing an attachment against the appellant for disobeying the same.

¶4Decree affirmed and appeal dismissed at the costs of the appellant.