Musser v. Stauffer
Supreme Court of Pennsylvania
Appeal, No. 383, Jan. T., 1896, by plaintiff, from judgment of C. P. Lancaster Co., June T., 1895, No. 49, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon promissory notes.
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Appeal, No. 383, Jan. T., 1896, by plaintiff, from judgment of C. P. Lancaster Co., June T., 1895, No. 49, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon promissory notes. Before Brubaker, J. The plaintiff’s statement shows that on the 11th day of November, 1890, he sold the defendant at Roanoke, Va., eight lots of ground in the city of Roanoke in the state of Virginia, in consideration of which the defendant assumed and agreed to pay as part of the purchase money twelve notes of $83.33 and four of $83.34, which notes had been made by the plaintiff…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The question presented by this appeal is whether the affidavits interposed as a defense to the plaintiff’s claim are sufficient to prevent judgment upon it. In deciding the question, we, like the learned court below, are limited to a consideration of the averments in the statement of claim and in the affidavits filed in answer to it. Matters of fact which are not included in these cannot be appealed to in aid of the contention of either party. Testimony for or against a motion or rule for judgment for want of a sufficient affidavit of defense is not admissible.…
2Cases cited4 opinions
- Ripple v. RippleSupreme Court of Pennsylvania · 1829
- Allegheny City v. McCaffreySupreme Court of Pennsylvania · 1890
- Bennett v. Cadwell'sSupreme Court of Pennsylvania · 1872
- Van Auken v. DunningSupreme Court of Pennsylvania · 1876
3Cited by15 opinions
- Baughman's EstateSupreme Court of Pennsylvania · 1924
- Cochran v. ShetlerSupreme Court of Pennsylvania · 1926
- Commonwealth v. SchmunkSuperior Court of Pennsylvania · 1903
- Oberlin v. ParrySupreme Court of Pennsylvania · 1926
- Max Meadows Land & Improvement Co. v. MendinhallSuperior Court of Pennsylvania · 1897
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