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198 Pa. 388

Kidder Elevator Interlock Co. v. Muckle

Supreme Court of Pennsylvania

Decided February 18, 1901

Supreme Court of Pennsylvania · decided 1901-02-18

Appeal, No. 312, Jan. T., 1900, by plaintiff, from order of C. P. No. 2, Pbila. Co., March T., 1900, No. 784, discharging rule for judgment for want of a sufficient affidavit of defense in case of Kidder Elevator Interlock Company v. M. R. Muckle et ah, trading as M. R. Muckle, Jr., & Company. Rule for judgment for want of a sufficient affidavit of defense.

Relies on Ætna Ins. v. Confer · Ensign ex rel. Paine v. Kindred

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1901-02-18

How this case has been cited

Cited by 25 later decisions — most recently April 1950 · most notably Rhodes v. Terheyden (1922), Moore v. Luzerne County (1918)

2 district · 23 state decisions

100190119101920193019401950decided

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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Per Curiam,

¶1This is an action of assumpsit in which the plaintiffs obtained *390a rule for judgment to the amount of $1,850. Upon due consideration by the court the rule was discharged. The plaintiffs then appealed to this court alleging that the affidavit of defense is insufficient. An order discharging a rule for judgment for want of a sufficient affidavit of defense will not be reversed by the Supreme Court in doubtful and uncertain cases, but only such as are very clear and free of doubt: Ensign et al. to use of Paine v. Kindred, 163 Pa. 638. In Ætna Ins. Co. v. Confer, 158 Pa. 604, it was said, “ It must be a very plain case of error in law, if we sustain appeals in such cases from the decree of the common pleas discharging the rule.” The case at bar is within the rule established by the above cases.

¶2Judgment affirmed.

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