Commonwealth v. Media Title Tr. Co.

Per Curiam,

Assumpsit. The pleadings in this case disclose that the defendant in accordance to the Act of May 14, 1915, P. L. 483, Section 20, filed an affidavit of defense in lieu of the statutory demurrer. The court decided against the position taken by the defendant and entered judgment in favor of the plaintiff. In doing so, it lost sight of the provision in the above referred to section of the act which provides that “If the court shall decide the question of law, so raised, against the defendant, he may file a supplemental affidavit of defense to the averments of fact of the statement…