Davis v. Investment Land Co.

Opinion by

Mr. Justice Simpson,

To plaintiffs’ statement of claim, defendant, under the authority of section 20 of the Practice Act of May 14, 1915, P. L. 483, 486, filed an affidavit of defense raising questions of law; this was sustained by the court below and a judgment entered for defendant, from which plaintiffs now appeal. In determining whether or not such a judgment should be or should have been entered, two rules must always be applied: (1) The question to be decided is not whether the statement of claim is so clear in both form and specification as to entitle plaintiff to proceed to…