Bergdoll v. Pitts

Decided December 13, 1909

Superior Court of Pennsylvania · decided 1909-12-13

Appeal, No. 83, Oct. T., 1909, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1908, No. 5,409, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Louis J. Berg-doll v. Lillie H. Pitts.

Affirmed · Decided 1909-12-13

¶1Opinion by

Porter, J.,

¶2The affidavit of defense, which in this case the court below *264held to be insufficient, is in all respects similar to that which we have considered in the case of Charles A. Bergdoll, guardian, v. Lillie H. Pitts, in which an opinion has this day been filed, ante, p. 257. We in that case held the affidavit to be insufficient and, for the reasons in that opinion stated, the specifications of error in this appeal are overruled.

¶3The judgment is affirmed and the appeal dismissed.

Henderson and Morrison, JJ., dissent.