Steltzer ex rel. Pinks v. Steltzer
Superior Court of Pennsylvania
Appeal, No. 228, April T., 1899, by plaintiff, from order of C. P. Clarion Co., May T., 1898, No. 204, discharging rale for judgment for want of a sufficient affidavit of defense. Opinion by W. W. Porter, J. Sci. fa. to revive.
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Appeal, No. 228, April T., 1899, by plaintiff, from order of C. P. Clarion Co., May T., 1898, No. 204, discharging rale for judgment for want of a sufficient affidavit of defense. Opinion by W. W. Porter, J. Sci. fa. to revive. Before Clark, P. J. It appears from the record that defendant confessed judgment in an amicable action before a justice in favor of his brother, William Steltzer, for the sum of $410 on August 5,1878. Plaintiff, at the same time entered upon the record his agreement to a stay of execution for one year without requiring security. Afterward defendant filed with the…
1Opinion of the Court
Opinion by
William W. Porter, J.,
No error was committed by the court below in dismissing the rule for judgment for want of sufficient affidavit of defense in this case. The averment of the defendant is that since “the date of the plaintiff’s alleged judgment your affiant and W. A. Steltzer, the legal plaintiff, had various dealings and during the continuance of the same had several settlements in full of all accounts, the last of which was February 4,1895, when there was found due your affiant the sum of $4.95 which was paid by the same W. A. Steltzer to your affiant at the date aforesaid.” In…
2Cases cited1 opinion
- Moore v. SmithSupreme Court of Pennsylvania · 1876