Stewart v. Pen Argyl National Bank

STEWART, P. J.,

This is a rule to show cause why the affidavit of defense, set-off and counter-claim filed in above action should not be stricken from the record. This rule was granted on Feb. 28, 1927. The case is somewhat peculiar in its facts. A summons in assumpsit was issued. We allowed the action to be amended, changing it to trespass, on Feb. 14, 1927, in an opinion reported in 20 Northamp. Co. Repr. 389. The affidavit of defense, set-off and counter-claim had been filed on Jan. 24, 1927, in pursuance of the usual notice in assumpsit, and the record shows that it was served on…