Beck v. Schekter
Supreme Court of Pennsylvania
Appeal No. 92, Jan. T., 1911, by plaintiff from order of C. P. No. 2, Phila. Co., Dec. T., 1910, No. 2162, discharging rule for judgment for want of a sufficient affidavit of defense in case of Sarah A. Beck v. George Schekter and Meyer Bernstein. Assumpsit to recover charge on land. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case.
Read the full summary
Appeal No. 92, Jan. T., 1911, by plaintiff from order of C. P. No. 2, Phila. Co., Dec. T., 1910, No. 2162, discharging rule for judgment for want of a sufficient affidavit of defense in case of Sarah A. Beck v. George Schekter and Meyer Bernstein. Assumpsit to recover charge on land. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
In Griffith v. Sitgreaves, 81* Pa. 378, the earliest case *254that reached this court under the act of April 18, 1874, P. L. 64, allowing an appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense, it was said that the act was intended to reach only clear cases of error in law and thus prevent the delay of a trial; that since its effect was often to produce two appeals in the same cause, writs of error for the refusal of judgment were not to be encouraged and that in doubtful cases, especially those requiring broad…
2Cases cited4 opinions
- Wilson v. Bryn Mawr Trust Co.Supreme Court of Pennsylvania · 1909
- Radcliffe v. HerbstSupreme Court of Pennsylvania · 1890
- Leiby v. LutzSupreme Court of Pennsylvania · 1909
- Williams v. WhiteSupreme Court of Pennsylvania · 1860
3Cited by4 opinions
- Moy v. Colonial Finance Corp.Supreme Court of Pennsylvania · 1924
- Horvitch v. EatonSuperior Court of Pennsylvania · 1912
- Beck v. SchekterSupreme Court of Pennsylvania · 1913
- Reiter v. Michigan Commercial InsuranceSuperior Court of Pennsylvania · 1915