1 Pennyp. 427
Decided November 7, 1881
Supreme Court of Pennsylvania · decided 1881-11-07
Appeal of John Guffey and J. J. Hazlett, trading as the Westmoreland Coal Company, from the judgment of a justice for $63, with costs, in favor of J. A. Harding, trading as Harding & Bro. The transcript was filed January 31st, 1881. On the 3d of February, 1881, the plaintiff filed a narr. copy of account and an affidavit of claim.
Decided 1881-11-07
¶1We perceive no inconsistency between rules No. 10 and No. 19 of the Court below. The case as against Guffey was clearly within rule 10, and the affidavit of claim was entirely sufficient. If he was not a member of the firm sued as the Webster Coal Company he should have set it up by an affidavit of defence.
¶2Judgment affirmed.