Legal Opinion

2 Assistance Building & Loan Ass'n v. Wampole

Superior Court of Pennsylvania

Decided December 13, 1897No. Appeal, No. 29PublishedCited by 1 opinion

Appeal, No. 29, Oct. T., 1897, by plaintiff, from order of O. P. No. 2, Pbila. Co., Dec. T., 1896, No. 187, discharging rule for judgment for want of a sufficient affidavit of defense. Appeal from judgment of magistrate in a suit for rent under a lease. It appears from the record that a statement of claim was filed by the plaintiff to which the defendant demurred.

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Appeal, No. 29, Oct. T., 1897, by plaintiff, from order of O. P. No. 2, Pbila. Co., Dec. T., 1896, No. 187, discharging rule for judgment for want of a sufficient affidavit of defense. Appeal from judgment of magistrate in a suit for rent under a lease. It appears from the record that a statement of claim was filed by the plaintiff to which the defendant demurred. This demurrer -was overruled by the court below, with leave, whereupon the defendant filed an affidavit of defense; upon which the plaintiff took a rule for judgment, which rule the court discharged and an exception was taken…

1Opinion of the Court

Opinion by

Beaver, J.,

The error complained of by the appellant is the refusal of the court below “ to enter judgment against the defendant for want of a sufficient affidavit of defense.” The grounds upon which this refusal was based are not given and we are left, therefore, to seek them in the plaintiff’s statement and the defendant’s affidavit of defense.

Appeals under the provisions of the act of April 18,1874,, P. L. 64, have not been favored by the Supreme Court. From Griffith v. Sitgreaves, 81* Pa. 378, one of the earlier cases, to Paine v. Kindred, 163 Pa. 638, the decisions have been…

2Cases cited3 opinions

  1. Ensign ex rel. Paine v. KindredSupreme Court of Pennsylvania · 1894
  2. Menough's AppealSupreme Court of Pennsylvania · 1843
  3. Duff v. WilsonSupreme Court of Pennsylvania · 1871

3Cited by1 opinion

  1. Commonwealth v. GouldSuperior Court of Pennsylvania · 1910

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