Thompson v. Donaldson
Superior Court of Pennsylvania
Appeal, No. 186, April T., 1910, by plaintiffs, from order of C. P. No. 3, Allegheny Co., Nov. T., 1909, No. 2, discharging rule for judgment for want of a sufficient affidavit of defense in case of Scott Thompson and W. T. Fogal v. Joseph Donaldson and Frank L. Armstrong. Rule for judgment for want of a sufficient affidavit of defense.' The opinion of the Superior Court states the case.
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Appeal, No. 186, April T., 1910, by plaintiffs, from order of C. P. No. 3, Allegheny Co., Nov. T., 1909, No. 2, discharging rule for judgment for want of a sufficient affidavit of defense in case of Scott Thompson and W. T. Fogal v. Joseph Donaldson and Frank L. Armstrong. Rule for judgment for want of a sufficient affidavit of defense.' The opinion of the Superior Court states the case. The court below in an opinion by Evans, J., discharged the rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal from the order discharging plaintiffs’ *587rule for judgment for want of a sufficient affidavit of defense. The court did not pass on the sufficiency of the affidavit, but held in a well-considered opinion that- the plaintiffs had waived the right to ask for judgment for deficiency in the affidavit of defense. The facts are as follows: The plaintiffs filed their statement of claim before the return day and on the return day entered a rule for compulsory arbitration. On the day before the arbitrators were to be chosen the defendants filed an affidavit…
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- Superior National Bank v. StadelmanSupreme Court of Pennsylvania · 1893
- Horner v. Horner, Pennsylvania Court of Common Pleas, Adams County1892
- O'Neal v. RuppSupreme Court of Pennsylvania · 1853
- Duncan v. Bell, Johnston, Jack & Co.Supreme Court of Pennsylvania · 1857
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