Close v. Hancock
Superior Court of Pennsylvania
Appeal, No. 72, Nov. T., 1896, by defendant, from judgment of C. P. No. 2, Phila, Co., Dec. T., 1895, No. 991, for want of a sufficient affidavit of defense. Motion for judgment for want of a sufficient affidavit of defense. Plaintiff’s statement set out a parol contract and claimed the sum of $76.79 for money due for work and labor performed in the erection of a carriage house, the items being specifically set out.
Read the full summary
Appeal, No. 72, Nov. T., 1896, by defendant, from judgment of C. P. No. 2, Phila, Co., Dec. T., 1895, No. 991, for want of a sufficient affidavit of defense. Motion for judgment for want of a sufficient affidavit of defense. Plaintiff’s statement set out a parol contract and claimed the sum of $76.79 for money due for work and labor performed in the erection of a carriage house, the items being specifically set out. Defendant filed an affidavit of defense on February 20, 1896. On March 6, by leave of court a supplemental affidavit of defense was filed. Defendant was granted leave to file a…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defendant’s affidavit of defense was filed on February 20. It was clearly insufficient and a rule was entered for judgment. On March 2, the defendant was granted leave to file a supplemental affidavit, which he did on March 6. It is stated in the paper-boobs — although the record does not show it — that at the argument, after this affidavit had been filed, the court deeming it defective, granted the defendant leave to file a second supplemental affidavit. It is stated that this leave was granted on March 21. On the following Saturday (March 28) the second…
2Cases cited8 opinions
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
- McBrier v. MarshallSupreme Court of Pennsylvania · 1889
- Commonwealth ex rel. Snyder v. SnyderSuperior Court of Pennsylvania · 1896
- McCracken v. First Reformed Presbyterian CongregationSupreme Court of Pennsylvania · 1886
- Bakes v. ReeseSupreme Court of Pennsylvania · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
- Anderson v. WilliamsSuperior Court of Pennsylvania · 1899
- Sweigard v. Ice Co.Superior Court of Pennsylvania · 1900
- Biever v. Davis, Pennsylvania Court of Common Pleas, Berks County1922
- Wittgenstein v. Boback, Pennsylvania Court of Common Pleas, Northumberland County1936