Fleisher v. Blackburn
Superior Court of Pennsylvania
Appeal, No. 210, Oct. T., 1899, by defendant, in suit of Benjamin W. Fleisher against Laura V. Blackburn, from order of C. P. No. 1, Phila. Co., June T., 1899, No. 788, making absolute rule for judgment for want of a sufficient affidavit of defense. Per Curiam. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.
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Appeal, No. 210, Oct. T., 1899, by defendant, in suit of Benjamin W. Fleisher against Laura V. Blackburn, from order of C. P. No. 1, Phila. Co., June T., 1899, No. 788, making absolute rule for judgment for want of a sufficient affidavit of defense. Per Curiam. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that this action was assumpsit to recover the amount of taxes paid by the mortgagee — purchaser at sheriff’s sale of the mortgaged premises — from the registered owner of the premises, where the amount realized was not…
1Opinion of the Court
Per Curiam,
The affidavit of defense raised a question as to the cause of action alleged in the statement of claim, but the defendant’s counsel frankly admitted at bar that the question was authoritatively ruled against his client by our recent decision in Building Association v. Webb, 12 Pa. Superior Ct. 545, a case not reported at the time the affidavit of defense was filed. Therefore, the only question requiring particular notice is as to the sufficiency of the averment of set-off. The general rule is that a set-off alleged in an affidavit of defense must not only be stated with exactness…
2Cases cited1 opinion
- Republic Building & Loan Ass'n v. WebbSuperior Court of Pennsylvania · 1900
3Cited by7 opinions
- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- White v. First Nat. Bank of EmporiumDistrict Court, M.D. Pennsylvania · 1938
- The Lincoln Savings Bank v. J. William HayesCourt of Appeals for the Sixth Circuit · 1982
- McFetridge v. MegargeeSuperior Court of Pennsylvania · 1904
- Sharpless Specialty Co. v. Wilson & Co.Supreme Court of Pennsylvania · 1924
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