Armour v. Leshefka

Hicks, J.,

Rule 32, section 5, Schuylkill County Court Rules provides: “If the party shall file an answer, then all facts averred in the petition and not denied in such answer shall be taken as admitted upon the argument.” The answer does not definitely and positively deny the allegations in the petition of the lack of worth of the bail, nor does it affirmatively show that the bail is good. Under such circumstances, the allegations contained in the petition for the purpose of the disposition of this rule must be accepted as verity and the recognizance admittedly defective.

This is an appeal by…