132 Pa. 33
Decided January 20, 1890
Supreme Court of Pennsylvania · decided 1890-01-20
3 OF PHILADELPHIA COUNTY. No. 290 January Term 1889, Sup. Ct.; court below, No. 194 December Term 1888, C. P. No. 3. On November 21, 1888, Benj. F. Teller, executor of tbe will of Andrew Sommer, deceased, brought assumpsit against Jacob H. Sommer, to recover a balance shown to be due the estate of the decedent upon an account stated between the defendant and the decedent in the lifetime of the latter.
Good law ✅— No negative treatment on recordhow we know
Decided 1890-01-20
Cited by 4 later decisions — most recently June 1980
3 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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¶1There was no error in refusing to enter judgment against defendant for want of a sufficient affidavit of defence. Assuming, as we must, for the present that the facts averred in the affidavit of defence are true, they are sufficient to entitle the defendant to a jury trial.
¶2Appeal dismissed at the costs of the plaintiff, but without prejudice to his right to trial by jury, etc.