Tompkins v. Craig

McPHEBSON, District Judge.

A plaintiff’s right to take judgment for want of an affidavit of defense, or for want of a sufficient affidavit of defense, in an action of assumpsit in this court, must rest upon the Pennsylvania practice in'this district, as determined by statute and by the rulings of the state courts. That such an affidavit must ordinarily be made in an action of assumpsit upon a foreign judgment or decree has been settled by several decisions, — inter alia, by Moore v. Fields, 42 Pa. St. 467, and Mink v. Shaffer, 124 Pa. St. 280, 16 Atl. 805, — hut with this important…