McKaraher v. Dowling, Et Ux
Superior Court of Pennsylvania
1Opinion of the Court
Opinion by
Keller, J.,
“An affidavit of defense should set forth fully and fairly, facts sufficient to show prima facie, a good defense, and if it fails to do so, either from omission of essential facts, or manifest evasiveness in the mode of statement, it will be insufficient to prevent judgment. But if not deficient in either of these respects, and on its face fairly setting forth a prima facie defense, it is not to be subjected to close technical examination as if it was a special plea demurred to.” These words of Mr. Justice Mitchell, in Andrews v. Blue Ridge Packing Co., 206 Pa. 370, 372,…
2Cases cited7 opinions
- Parry v. First National BankSupreme Court of Pennsylvania · 1921
- Fulton Farmers Ass'n v. BombergerSupreme Court of Pennsylvania · 1918
- Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
- Twitchell v. McMurtrieSupreme Court of Pennsylvania · 1875
- Thompson v. ClarkSupreme Court of Pennsylvania · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Martin v. Barfield, Pennsylvania Court of Common Pleas, Northumberland County1948
- Miners Bank v. Ingham, Pennsylvania Court of Common Pleas, Cumberland County1932
- Schoenfeld v. MeckesPennylvania Municipal Court, Philadelphia County · 1946