Hix v. Womelsdorf Bank & Trust Co.

Shanaman, J.,

Plaintiff sued defendant in assumpsit and the court sustained defendant’s affidavit of defense in lieu of demurrer, and granted leave to file an amended statement within 30 days: 32 Berks 290. Plaintiff thereupon filed an amended státement of claim. Defendant again demurred, and the court, in an opinion filed January 15, 1941, again sustained the affidavit of defense in lieu of demurrer and again granted plaintiff leave to file an amended statement of claim within 30 days: 33 Berks *335131. Plaintiff thereupon waited 20 months and on September 24, 1942, took out a rule on…