Legal Opinion

Luckenbach v. Anderson

Supreme Court of Pennsylvania

Decided April 2, 1864PublishedCited by 1 opinion

Error to the Common Pleas of Northampton county. This was an action of debt by Horace W. Anderson against Charles A. Luckenbach, founded on a judgment obtained in the Supreme Court of the state of New York, in favour of the plaintiff and against the defendant above named.

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Error to the Common Pleas of Northampton county. This was an action of debt by Horace W. Anderson against Charles A. Luckenbach, founded on a judgment obtained in the Supreme Court of the state of New York, in favour of the plaintiff and against the defendant above named. The plaintiff filed, May 2d 1862, a copy of the record of the case, duly certified under the Act of Congress, as the statement of his claim, verified by affidavit of his counsel in Northampton county, and gave notice the same day; to which the defendant, June 2d 1862, filed the following affidavit of defence:— “ Charles A.…

1Opinion of the Court

The opinion of the court was delivered, by

Woodward, C. J.

The cases cited on behalf of the defendant in error, justified the court below in demanding a sufficient affidavit of defence from the defendant. The action was debt upon a judgment obtained in the Supreme Court of New York, and under the rule of court which the Common Pleas of Northampton maintains, and according to the course of decision that prevails in this court, it wras a fit and necessary case for a competent affidavit of defence.

The only question then, is, was the affidavit sufficient? It shows that the defendant was…

2Cited by1 opinion

  1. Wing v. BradnerSupreme Court of Pennsylvania · 1894

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