Hays v. Anderson
Supreme Court of Pennsylvania
Appeal, No. 231, Oct. T., 1914, by plaintiff, from order of O. P. Allegheny Co., Oct. T., 1914, No. 388, discharging rule for judgment for want of a sufficient affidavit of defense, in case of Margaret Hays, now for use of J. K. Anderson v. Thomas A. Anderson, with notice to Allan Kirkpatrick, Jr., terre tenant. Scire facias sur mortgage. Buie for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 231, Oct. T., 1914, by plaintiff, from order of O. P. Allegheny Co., Oct. T., 1914, No. 388, discharging rule for judgment for want of a sufficient affidavit of defense, in case of Margaret Hays, now for use of J. K. Anderson v. Thomas A. Anderson, with notice to Allan Kirkpatrick, Jr., terre tenant. Scire facias sur mortgage. Buie for judgment for want of a sufficient affidavit of defense. Before Evans, J. From the record it appeared that the terre tenant’s affidavit of defense alleged that in October, 1908, when the mortgage was executed for $2,000 only $1,200 was loaned, and…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The learned court below held that under the rule taken in this case the affidavit being sufficient as to one part of the claim defeated- the plaintiff’s right to judgment for the other part. Whether the difference in the name of the defendant in the judgment and the name of the mortgagor affects the plaintiff’s right to recover was not considered below nor need it be here. Had the plaintiff’s affidavit averred facts instead of legal conclusions she would have been entitled to a more responsive affidavit of defense. If there was an agreement or contract by the…
2Cases cited4 opinions
- Faux v. FitlerSupreme Court of Pennsylvania · 1909
- Pierson v. KrauseSupreme Court of Pennsylvania · 1904
- Shea v. WellsSuperior Court of Pennsylvania · 1898
- Gross v. RicchezzaSuperior Court of Pennsylvania · 1908