166 Pa. 450
Decided February 25, 1895
Supreme Court of Pennsylvania · decided 1895-02-25
Appeal, No. 122, Jan. T., 1895, by plaintiff, from order of C. P. Montgomery Co., Oct. T., 1894, No. 104, discharging rule for judgment for want of a sufficient affidavit of defence. Scire facias sur mortgage.
Cited by 1 later decisions — most recently January 1927
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1895-02-25
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¶1Assuming, as we must in cases such as this, that the averments of fact contained in the affidavit of defence are true, the court was right in holding that there is enough in defendant’s affidavit to carry the case to the jury; and hence there was no *453error in discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defence.
¶2Appeal dismissed with costs to be paid by plaintiff, but without prejudice, etc.