O'Neal v. Rupp
Supreme Court of Pennsylvania
Error to the District Court of Allegheny County. This was an action of assumpsit by William P. Rupp, Administrator, &c., of Simeon B. Pearson, deceased, v. James O’Neal, for the price of a lot of ground sold under an order of the Orphans’ Court for the payment of debts.
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Error to the District Court of Allegheny County. This was an action of assumpsit by William P. Rupp, Administrator, &c., of Simeon B. Pearson, deceased, v. James O’Neal, for the price of a lot of ground sold under an order of the Orphans’ Court for the payment of debts. The suit was to January Term, 1853, the writ being returnable on the first Monday of January, 1853, and was served on 17th December, 1852. An affidavit in support of the claim was filed, the claim being for $825, with interest. On 28th December, 1852, an affidavit of defence was filed, in which it was, inter, alia, alleged…
1Opinion of the Court
*397The opinion of the Court was delivered by
Knox, J.
It is unnecessary to determine whether the affidavit did not disclose a valid defence to the plaintiff’s demand, as we are of the opinion that the objection to its sufficiency was not raised in time.
A party who intends to ask for judgment for the reason that the affidavit of defence is deficient, must do so before he has taken any steps in the cause, subsequent to the affidavit, calculated to mislead his opponent.
The writ was returnable in this case upon the first Monday of January, 1858; served on the 17th of December, 1852, and affidavit…
2Cited by12 opinions
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- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- Rhinehart v. JordanSupreme Court of Pennsylvania · 1933
- Superior National Bank v. StadelmanSupreme Court of Pennsylvania · 1893
- Horner v. Horner, Pennsylvania Court of Common Pleas, Adams County1892
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