Kyler v. Christman
Superior Court of Pennsylvania
Appeal, No. 21, Feb. T., 1904, by plaintiff, from order of C. P. Lycoming Co., Dec. T., 1901, No. 865, allowing supplemental affidavit of defense to be filed in case of Leonard Kyler v. J. W. Christman. Motion for leave to file supplemental affidavit of defense.
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Appeal, No. 21, Feb. T., 1904, by plaintiff, from order of C. P. Lycoming Co., Dec. T., 1901, No. 865, allowing supplemental affidavit of defense to be filed in case of Leonard Kyler v. J. W. Christman. Motion for leave to file supplemental affidavit of defense. Hakt, P. J., filed the following opinion : The questions before us arise upon a motion of the defendant for leave to file a supplemental affidavit of defense and upon a motion of the plaintiff for judgment for want of a sufficient affidavit of defense. The defendant having filed an affidavit of defense within the statutory period, the…
1Opinion of the Court
Pee Curiam,
Upon appeal from the discharge of the plaintiff’s rule for judgment for wánt of a sufficient affidavit of defense we made the following order: “ Judgment affirmed with permission to plaintiff to move in the court below for judgment for so much of his *78claim as to which the affidavit is deemed herein to be insufficient.” The effect of this order was to put the plaintiff in precisely the same position, so far as his right to judgment for part of his claim under the act of 1897, was concerned, that he would have been in, if the conclusion of the court below upon the sufficiency of the…
2Cases cited2 opinions
- Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
- Loeper v. HaasSuperior Court of Pennsylvania · 1904