Morris & Bailey Steel Co. v. Bank of Pittsburgh

Opinion by

Mr. Justice Simpson,

Plaintiff appeals from a judgment of the court below in favor of defendant, on points of law raised in the affidavit of defense. In considering the right to have such a judgment', no weight can be given to an objection that the statement of claim is too “vague, indefinite and insufficient to support the action,” this and all similar averments, even if justified, being wholly immaterial in such an inquiry; it must appear from the statement itself, “as a ‘question of law,’ that plaintiff is not entitled to recover,” and if there are real doubts regarding this they…