Legal Opinion

Johnson Ex Rel. Manufacturers' Finance Co. v. Mercantile Insurance Co. of America

Superior Court of Pennsylvania

Decided April 16, 1928No. Appeal 31PublishedCited by 1 opinion

1Opinion of the Court

Per Curiam,

This appeal was submitted here without oral argument. Appellant complains of the discharge of a rule for judgment for want of a sufficient affidavit of defense.

We need not discuss the pleadings; it is sufficient to say that the case is within the familiar rule adopted shortly after the enactment of the statute allowing an appeal from the refusal to enter judgment. “The act -of Assembly authorizing writs of error to be taken when a Court of Common Pleas refuses to enter judgment on the ground of the sufficiency of an affidavit of defense, was intended to reach only clear cases of…

2Cases cited2 opinions

  1. Pennsylvania R.R. Co. v. ColesSuperior Court of Pennsylvania · 1925
  2. Lee L. Co., Inc. v. Russell Sales Co.Superior Court of Pennsylvania · 1927

3Cited by1 opinion

  1. Gehret v. Mitten Bank Securities Corp.Superior Court of Pennsylvania · 1935

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