Commonwealth v. Evans
Supreme Court of Pennsylvania
Appeal, No. 409, Jan. T., 1915, by plaintiff, from order of C. P. Delaware Co., Dec. T., 1914, No. 377, refusing judgment for plaintiff for want óf a sufficient affidavit of defense in case of Commonwealth of Pennsylvania v. William B. Evans, Guardian of Richard A. Evans, a lunatic. Assumpsit for sums paid by plaintiff for the support of a lunatic. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 409, Jan. T., 1915, by plaintiff, from order of C. P. Delaware Co., Dec. T., 1914, No. 377, refusing judgment for plaintiff for want óf a sufficient affidavit of defense in case of Commonwealth of Pennsylvania v. William B. Evans, Guardian of Richard A. Evans, a lunatic. Assumpsit for sums paid by plaintiff for the support of a lunatic. Rule for judgment for want of a sufficient affidavit of defense. Before Broomall, J. The opinion of the Supreme Court states the facts. The court discharged the rule. Plaintiff appealed. Error assigned was in discharging the rule.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an action of assumpsit, brought by the Commonwealth of Pennsylvania, against William B. Evans, guardian of Richard A. Evans, a lunatic, to recover the sum of $540.70 expended by plaintiff for the support and maintenance of the lunatic from October 3,1910, to December 1, 1914. Defendant filed an affidavit of defense in which the amount expended was not questioned, but the right of the Commonwealth to recover the moneys which it had expended for the support and maintenance of the said Richard A. Evans was denied. From the refusal of the court below to enter…
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