Commonwealth v. Cavett

Decided May 22, 1903

Superior Court of Pennsylvania · decided 1903-05-22

Appeal, No. 121, April T., 1903, by plaintiff,'from order of C. P.-No. 1, Allegheny Co., June T., 1903, discharging rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Pressley N. Cavett and now for use of Joseph Crown v. William L. Cavett and George E. Painter. Assumpsit on a bond. The court discharged a rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.

Appeal quashed · Decided 1903-05-22

Pee Curiam,

¶1To entitle a plaintiff to an appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense he must except to the decision: Act of April 18, 1874, P. L. 64. As this was not done in the present case the appeal must be quashed.

¶2Appeal quashed.