Fidelity & Casualty Co. of New York v. Turby

THOMPSON, Circuit Judge.

This is an appeal from an order of the District Court for the Middle District of Pennsylvania. The case is presented on the pleadings, consisting of a statement of claim, affidavit of defense, and rule for judgment for want of a sufficient affidavit of defense. The District Court discharged the rule for judgment and directed that the case proceed to trial. This is an appeal from the court’s refusal to enter judgment for want of a sufficient affidavit of defense.

In Pennsylvania a writ of error will lie when the lower court refuses judgment for want of a sufficient…