Gutekunst v. Huber

WiCKERSHAM, J.,

This is a motion for judgment for want of a sufficient affidavit of defense.

The facts are as follows: Suit was entered to ho. 544, September term, 1935, on behalf of Elsie Gutekunst, by her next friend, Carl P. Gutekunst, against Harry B. Huber and Max Heiss. On April 29, 1936, the case was tried which resulted in a disagreement by the jury. Another trial was had and on April 6,1937, the jury brought in a verdict in the amount of $825 and costs against both defendants. The defendant, Max Heiss, paid the verdict, and on April 30,1937, Carl P. Gutekunst, next friend of Elsie…