Fox v. Philadelphia & Reading Railroad

By the Court.

The plaintiff filed his cause of action with his narr in this case on the 27th day of October, 1858, and on the 17th day of December, 1858, entered judgment for want of an affidavit of defence. The defendant’s counsel moved to strike off the judgment on the ground that the claim does not come within the 52d rule of court requiring such affidavit. The action is founded on an award of arbitrators, made under a verbal submission entered into between the parties for the purpose of ascertaining the amount of damages done to the plaintiff’s property by the construction of the…