Franklin Sugar Refining Co. v. Lykens Mercantile Co.

Opinion by

Mr. Justice Simpson,

This appeal is from a judgment in favor of defendant upon points of law raised in its affidavit of defense. Possibly it would not have been entered, if attention had been called to what we said in Rhodes v. Terheyden, 272 Pa. 397, 401, as follows: “If appellee was of opinion the averments of the statement did not ‘conform to the provisions’ of the Practice Act of May 14,1915, P. L. 483, he should have moved to strike it off, as provided by section 21. If he believed it did ‘conform to the provisions’ of the act, but was not sufficiently specific, he should have…