Joseph Schlitz Brewing Co. v. Rosenbluth
Superior Court of Pennsylvania
Appeal, No. 47, Jan. T., 1907, by plaintiff, from order of C. P. Luzerne Go., May T., 1902, No. 536, discharging rule for judgment for want of a sufficient affidavit of defense in case of Joseph Schlitz Brewing Company v. Max Rosenblutli. Assumpsit for goods sold and delivered. The opinion of the Superior Court states the case. Error assigned was the order of the court discharging the rule.
1Opinion of the Court
Per Curiam,
“ An affidavit of defense should set forth fully and fairly, facts sufficient to show prima facie, a good defense, and if it fails to do so, either from omission of essential facts, or manifest evasiveness in the mode of statement, it will be insufficient to prevent judgment. But if not deficient' in either of these respects, and on its face fairly setting forth a prima facie defense, it is not to be subjected to close technical examination as if it was a special plea demurred to. Its office is to prevent a summary judgment and for that purpose a showing of a, defense, with…
2Cases cited2 opinions
- Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
- Marquis v. McKaySupreme Court of Pennsylvania · 1907
3Cited by1 opinion
- Russ Soda Fountain Co. v. Victor Pastry Shoppe, Inc.Superior Court of Pennsylvania · 1936