Wood v. U. S. Natl. B. & L. Ass'n

Opinion by

Keller, J.,

Plaintiff appeals from the order of the municipal court refusing to enter judgment in her favor for want of a sufficient affidavit of defense in an action of assumpsit. The rule in such cases is that we do not reverse the court below unless it is clear and free from doubt that the court erred in refusing judgment. According to the practice of the Supreme Court (Wilson v. Bryn Mawr Trust Co., 225 Pa. 143; Brown v. Unger, 269 Pa. 471) and of this court, (Minster v. Blair, 94 Pa. Superior Ct. 401) we do not discuss the applicable rules of law, in such, cases, until an…