Philip Haibach Contracting Co. v. Hornung
Supreme Court of Pennsylvania
Appeal, No. 415, Jan. T., 1921, by plaintiff, from order of C. P. No. 5, Phila. Co., June T., 1920, No. 5188, discharging rule for judgment for want of sufficient affidavit of defense, in case of Philip Haibach Contracting Co. v. Jacob Hornung. Rule for judgment for want of sufficient affidavit of defense. The court discharged the rule, in an opinion by Martin, P. J. Plaintiff appealed. Error assigned was above order, quoting it.
1Opinion of the Court
Per Curiam,
Plaintiff appeals from the dismissal of its rule foi judgment for want of a sufficient affidavit of defense. We have frequently held and recently repeated that unless we can say the action of the court in refusing judgment on rules of this character is clearly erroneous and free from doubt, its order will not be disturbed: Brown et al. v. Unger et al., 269 Pa. 471. Testing the pleadings in this case by that rule we are not convinced the action of the court below should be disturbed.
The judgment is affirmed.
2Cases cited1 opinion
- Brown v. UngerSupreme Court of Pennsylvania · 1921
3Cited by1 opinion
- Mancia v. Marquette National Fire Ins.Supreme Court of Pennsylvania · 1924