Colonial SEC. Co. v. Levy (No. 2)

Per Curiam,

In this action based on a surety bond, it is evident from appellants’ own statements that the questions involved are of such nature as to require submission to a jury. The court below properly refused both an original motion for judgment for want of a sufficient affidavit of defense and a motion for judgment for want of a sufficient reply to new matter filed in addition to the original affidavit of defense. The opinion filed by the court below, which sat in banc to hear argument on the motion for judgment, states that “the court thinks this is not a case where any judgment should…