¶1The affidavit of defense was quite sufficient to prevent a summary judgment, and hence there was no error in refusing to enter judgment against the defendant for want of a sufficient affidavit of defense. The appeal is therefore dismissed at plaintiffs ’ costs, but without prejudice, etc.
189 Pa. 614
Reed v. Harrison
Decided January 30, 1899
Supreme Court of Pennsylvania · decided 1899-01-30
Appeal, No. 293, Jan. T., 1898, by plaintiffs, from order of C. P. No. 4, Phila. Co., March T., 1898, No. 1289, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit to recover the value of 100 shares of stock of the Lehigh Valley Railroad Company.
Affirmed · Decided 1899-01-30