Ashman v. Weigley
Supreme Court of Pennsylvania
Appeal, No. 111, Jan. T., 1892, from judgment for plaintiff, Charles T. Ashman, of C. P. No. 4, Phila. Co., Sept. T., 1891, No. 546, against Mary F. Weigley, for want of a sufficient affidavit of defence. Assumpsit to recover for work and materials furnished. Plaintiff’s statement sufficiently appears by the opinion of the Supreme Court.
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Appeal, No. 111, Jan. T., 1892, from judgment for plaintiff, Charles T. Ashman, of C. P. No. 4, Phila. Co., Sept. T., 1891, No. 546, against Mary F. Weigley, for want of a sufficient affidavit of defence. Assumpsit to recover for work and materials furnished. Plaintiff’s statement sufficiently appears by the opinion of the Supreme Court. The affidavit of defence filed by defendant was as follows: “ Deponent is informed and believes and expects to be able to prove on the trial of this case that the paper annexed to the plaintiff’s statement filed in this suit, and marked ‘ Exhibit A,’ is not a…
1Opinion of the Court
Opinion by
Mr. Justice Heydblck,
The procedure act of 1887 made a material change in the affidavit of defence law. By its express terms the plaintiff’s statement, which takes the place of a common law declaration, must, in the action of assumpsit, be replied to by affidavit. Hence, whatever averments therein contained are not denied must, upon a rule for judgment in default of a sufficient affidavit of defence, be taken as admitted. In the present case the plaintiff’s statement is concisely drawn and sets out a good cause of action. It “avers that there is justly due to him (the plaintiff) by…
2Cases cited1 opinion
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
3Cited by8 opinions
- Gallagher v. City of PhiladelphiaSuperior Court of Pennsylvania · 1897
- Press Co. v. City Bank of HartfordCourt of Appeals for the Third Circuit · 1893
- City of New Castle v. New Castle Electric Co.Superior Court of Pennsylvania · 1896
- Paist v. SpittallSuperior Court of Pennsylvania · 1914
- Ryon v. StarrSupreme Court of Pennsylvania · 1906
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