13 Pa. 65
Decided March 15, 1850
Supreme Court of Pennsylvania · decided 1850-03-15
This ease was an appeal by Thomas Gillespie, the defendant below, from the judgment of alderman McClain, in favor of the plaintiff below, Jeremiah H. Smith, for $50 42. Appeal filed May 12, 1848, to June term, 1848, May 18,1848. General affidavit of defence, filed under the rule of court. June 6, 1848: copy of plaintiff’s book of original entries filed. It set forth a charge against the defendant below for work and labor amounting to $50 92.
Good law ✅— No negative treatment on recordhow we know
Decided 1850-03-15
Cited by 7 later decisions — most recently October 1953
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The affidavit may be filed at any time, before motion for judgment. Such is the governing principle in the case *67of 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.
¶2Judgment reversed and procedendo awarded.