Paull v. Pivar

Opinion by

Hirt, J.,

In this action in assumpsit, plaintiff’s statement of claim was filed on October 17,1946; the action therefore is governed by the Practice Act of May 14, 1915, P. L. 483, 12 PS 382 et seq. To the statement of claim, defendant filed an affidavit of defense, under section 20 of the Act, 12 PS 471, questioning plaintiff’s right of recovery, as a matter of law, on the cause of action there set forth. The lower court was of the opinion that its decision on the question so raised disposed of the whole of the claim and, in sustaining the statutory demurrer, entered judgment in…