Gianni v. Union Bank & Trust Co.

Per Curiam,

In this action of assumpsit, a rule for judgment for want of a sufficient affidavit of defense, made absolute by the court below, was later opened and the judgment set aside after hearing on a rule to show cause why a rehearing should not be had. From this order plaintiff* appealed.

An examination of the record in this case discloses that the facts averred in the pleadings are of so complicated a nature that this court will not enter summary judgment, but will dismiss the appeal and remit the case for trial, when as the result of careful examination and cross-examination of…