DALO v. MAROSY

No. 375.

20 Pa. D. & C. 2d 47 (1959)

Dalo v. Marosy

Common Pleas Court of Mercer County, Pennsylvania.

October 27, 1959.


Attorney(s) appearing for the Case

Chester B. Scholl, for plaintiff.

Donald R. McKay, for defendants.


RODGERS, P. J., October 27, 1959.

Plaintiff held a listing agreement signed by defendant giving plaintiff authority to confess judgment "in case of default." Plaintiff confessed judgment without filing an affidavit of default. Defendant contends the judgment is void because of the failure to file the affidavit. This is clearly the case where the words "after default" are used in the warrant: Kolf v. Lieberman 282 Pa. 479, 482.

Plaintiff agrees with this, but...

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