179 Pa. 457
Decided January 4, 1897
Supreme Court of Pennsylvania · decided 1897-01-04
Appeal, No. 121, Oct. T., 1896, by plaintiffs, from order of C. P. No. 1, Allegheny Co., March. T., 1896, No. 720, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. The affidavit averred as follows: First.
Cited by 1 later decisions — most recently March 1904
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1897-01-04
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¶1We are all of opinion that the affidavits of defense are sufficient to prevent a summary judgment and carry the case to a jury. It therefore follows that there was no error in discharging the rule for judgment for want of a sufficient affidavit of defense.
¶2Appeal dismissed at appellants’ costs, but without prejudice, etc.