American Engineering Co. v. Ross

Smith, P. J.,

— The plaintiff in this case has petitioned the court for leave to discontinue its suit. Plaintiff has filed a statement of claim and the defendants filed an affidavit of defense and new matter, and plaintiff filed a reply to said new matter.

Following the filing of the pleadings in this matter, the plaintiff entered three rules, (1) to strike off the affidavit of defense, (2) for judgment for want of a sufficient affidavit of defense, (3) for judgment for part of the claim as to which the affidavit is insufficient. Defendant also took a rule for judgment for want of a sufficient…