Baldwin v. Ely

Opinion by

Keller, J.,

This is an appeal from the order of the court below refusing judgment for want of a sufficient affidavit of defense, in an action of assumpsit on a lease. Judgment should not be entered in such a case unless the plaintiff’s right to it on the pleadings is clear and free from doubt. If the plaintiff’s statement itself insufficiently sets out a cause of. action, — that is in substance, as over against mere defects of form, (Northern N. Y. Nurseries v. Kovach, 96 Pa. Superior Ct. 400, 404) — judgment will not be summarily entered even though the affidavit of defense might be…