Com. Ex Rel., to Use v. Deluca

Argued April 29, 1938. This judgment, entered in favor of the defendant on the pleadings, must be reversed. The question that gives us some concern is whether judgment should, at the same time, be entered for the use plaintiff for want of a sufficient affidavit of defense.

The action is against the surety on a constable's bond for two thousand dollars, filed January 2, 1936, in the office of the clerk of courts of Allegheny County, conditioned "that if the above bounden Samuel DeLuca [the constable] shall well and truly execute the duties of the office of Constable, in and for 12th Ward,…