Barr v. McGary
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS FROM TIIE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 24 October Term 1889, Sup. Ct.; court below, No. 269 October Term 1888, C. P. No. 2. On August 31, 1888, Nellie Barr brought assumpsit against W. H. McGary and S. F. McGary, filing the following statement of claim, verified by affidavit: “Nellie Barr, plaintiff in this case, by her attorneys, Mercer & Mcllvain, makes tbe following statement of her claim in this ease: “That said defendants, W.…
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APPEAL BY DEPENDANTS FROM TIIE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 24 October Term 1889, Sup. Ct.; court below, No. 269 October Term 1888, C. P. No. 2. On August 31, 1888, Nellie Barr brought assumpsit against W. H. McGary and S. F. McGary, filing the following statement of claim, verified by affidavit: “Nellie Barr, plaintiff in this case, by her attorneys, Mercer & Mcllvain, makes tbe following statement of her claim in this ease: “That said defendants, W. H. McGary and S. F. McGary,made and executed under their hands and seals a certain bond in replevin for the faithful…
1Opinion of the Court
*406Opinion,
Me. Justice Williams:
This action was brought upon a replevin bond. The judgment appealed from was entered for want of an affidavit of defence. The first question raised is whether an affidavit of defence was demandable in this case, and several cases are cited in support of the doctrine that an affidavit is not required where the instrument sued on is a bond for the performance of a collateral condition. Those cases arose, however, under the affidavit of defence law, while the present case is to be determined with reference to the procedure act of 1887. The act provides that the…
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