Moore v. Schmidt
Superior Court of Pennsylvania
Appeal, No. 2, March T., 1915, by defendants, from order of C. P. Luzerne Co., March T., 1909, No. 503, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John W. Moore, Receiver of the Asphalt Paving Co., of Georgia, v. John P. Schmidt and Joseph L. Dunn, Individually and Co-partners as Schmidt & Dunn and also trading sometimes as the Wilkes Barre Asphalt Company.
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Appeal, No. 2, March T., 1915, by defendants, from order of C. P. Luzerne Co., March T., 1909, No. 503, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John W. Moore, Receiver of the Asphalt Paving Co., of Georgia, v. John P. Schmidt and Joseph L. Dunn, Individually and Co-partners as Schmidt & Dunn and also trading sometimes as the Wilkes Barre Asphalt Company. Assumpsit to recover the price of certain machinery sold and delivered by the receiver to the defendants. The amended statement set forth the record of the Superior Court of Georgia showing…
1Opinion of the Court
Opinion by
Kephart, J.,
When this case was brought here on an appeal from the entry of judgment for want of a sufficient affidavit *445of defense, we held that the plaintiff’s statement, containing a simple allegation of fact, was answered by a denial of the fact: Moore v. Schmidt, 46 Pa. Superior Ct. 584. When the record was returned to the court below, leave was granted to the plaintiff to file an amended statement, amplifying the fact as alleged in the original statement, and reciting the various material incidents upon which the fact was founded. It set forth no new cause of action, nor new…
2Cases cited7 opinions
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- Laird v. CampbellSupreme Court of Pennsylvania · 1880
- Jones v. GordonSupreme Court of Pennsylvania · 1889
- Young's EstateSupreme Court of Pennsylvania · 1870
- Clark v. Pittsburg Natural Gas Co.Supreme Court of Pennsylvania · 1898
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