Brankin v. Phila., Newtown & New York R. R.

Opinion by

Mr. Justice Simpson,

In this action of ejectment, defendant appeals from a judgment for plaintiff, entered by the court below for want of a sufficient affidavit of defense, although no such pleading was legally required and none was filed. An answer was filed, as directed by the Act of June 7,1915, P. L. 887, as amended by the Act of June 12,1919, P. L. 478, which statute also says “that the court may, on rule, enter such judgment on the pleadings, in favor of either party, as it may appear to the court the party is entitled to.” Since the principles applicable to the two proceedings…