Fidelity-Philadelphia Tr. Co. v. Bankers Tr. Co.

Opinion by

Baldbigb, J.,

This action in assumpsit was brought by the plaintiff, a purchaser at sheriff’s sale, to recover from the defendant $901.88 which it was obliged to expend in the payment of city and school taxes assessed against the premises for the year 1930.

The plaintiff took a rule for judgment for want of a sufficient affidavit of defense. The learned court below, without passing upon the sufficiency of the affidavit of defense, discharged the rule on the ground that the statement of claim filed was insufficient to sustain a judgment.

We think it is unnecessary to decide whether or…