Biever v. Davis

Endlich, P. J.,

This is a rule for judgment for want of a sufficient affidavit of defence. In its disposition, of course, every material averment of fact in the affidavit is to be taken as verity. On the other hand, every material allegation of the statement which is not denied (and a mere *193disavowal of knowledge concerning an allegation of fact, with a demand for its proof, is not a denial of the allegation: Eberbach v. Steamship Co., 74 Pa. Superior Ct. 79, and see Buehler v. Fashion Plate Co., 269 Pa. 428) is to be treated as admitted, and whatever fact essential to the defence proposed is…