From Casetext: Smarter Legal Research

Goodfriend v. Diamond Chem. Co., Inc.

Superior Court of Pennsylvania
Nov 16, 1961
175 A.2d 537 (Pa. Super. Ct. 1961)

Summary

In Goodfriend v. Diamond Chemical Company, 196 Pa. Super. 319, 175 A.2d 537 (1961) we affirmed, per curiam, the lower court's decision to open a default judgment, on the opinion below, reported at 25 Pa.D. C.2d p. 321.

Summary of this case from Queen City Elec. Supply v. Soltis Elec

Opinion

September 15, 1961.

November 16, 1961.

Practice — Judgments — Opening — Equitable considerations — Default judgment against garnishee.

In this case, in which it appeared that the court below held that equitable considerations required that a default judgment entered against a garnishee for failure to file a report should be opened and the garnishee be permitted to file a report, it was Held that the order of the court below should be affirmed.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, and FLOOD, JJ. (RHODES, P.J., and MONTGOMERY, J., absent).

Appeal, No. 290, Oct. T., 1961, from order of Municipal Court of Philadelphia County, Dec. T., 1960, No. 2266-A, in case of Jerome Goodfriend v. Diamond Chemical Co., Inc. et al. Order affirmed.

Same case in court below: 25 Pa. D. C. 2d 321.

Proceeding upon petition by garnishee and rule to show cause why judgment obtained by plaintiff against garnishee for failure to file a report should not be opened.

Order entered opening judgment, opinion by BOYLE, J. Plaintiff appealed.

Louis Kattelman, for appellant.

Herbert L. Floum, for appellee.


Argued September 15, 1961.


The order of the Municipal Court of Philadelphia County is affirmed on the opinion of Judge JOHN A. BOYLE for the court below, reported at 25 Pa. D. C. 2d 321.


Summaries of

Goodfriend v. Diamond Chem. Co., Inc.

Superior Court of Pennsylvania
Nov 16, 1961
175 A.2d 537 (Pa. Super. Ct. 1961)

In Goodfriend v. Diamond Chemical Company, 196 Pa. Super. 319, 175 A.2d 537 (1961) we affirmed, per curiam, the lower court's decision to open a default judgment, on the opinion below, reported at 25 Pa.D. C.2d p. 321.

Summary of this case from Queen City Elec. Supply v. Soltis Elec
Case details for

Goodfriend v. Diamond Chem. Co., Inc.

Case Details

Full title:Goodfriend, Appellant, v. Diamond Chemical Co., Inc

Court:Superior Court of Pennsylvania

Date published: Nov 16, 1961

Citations

175 A.2d 537 (Pa. Super. Ct. 1961)
175 A.2d 537

Citing Cases

Queen City Elec. Sup. v. Soltis Elec. Co.

We also note that the courts of this Commonwealth, in recognition of the potential for injustice from…

Queen City Elec. Supply v. Soltis Elec

". . . [T]he Gas Company has no standing to bring an action of replevin against appellant, who is not in a…