Chase v. Vigilant-Champion Building & Loan Ass'n

Opinion by

Ehodes, J.,

Plaintiff brought an action in assumpsit against defendant building and loan association. Defendant filed an affidavit of defense containing new matter to plaintiff’s statement of claim. Plaintiff entered a rule for judgment for want of a sufficient affidavit of defense, and filed a reply to the new matter raising questions of law. After argument the court below made absolute plaintiff’s rule for judgment for want of a sufficient affidavit of defense, and sustained plaintiff’s reply raising questions of law to the new matter. Defendant has appealed from the summary…