Jones v. Gordon
Supreme Court of Pennsylvania
ERROR TO THE COURT OS" COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 219 July Term 1888, Sup. Ct.; court below, No. 763 June Term 1887, C. P. No. 3. On August 13, 1887, George F. Gordon, trustee and treasurer of the Benevolent Fund, under tbe charge of the consistory of the Third Reformed Dutch church of Philadelphia, brought assumpsit against Daniel S. Jones, and on December 31st filed a statement wherein it was averred, in substance, as follows: 1. That since September…
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ERROR TO THE COURT OS" COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 219 July Term 1888, Sup. Ct.; court below, No. 763 June Term 1887, C. P. No. 3. On August 13, 1887, George F. Gordon, trustee and treasurer of the Benevolent Fund, under tbe charge of the consistory of the Third Reformed Dutch church of Philadelphia, brought assumpsit against Daniel S. Jones, and on December 31st filed a statement wherein it was averred, in substance, as follows: 1. That since September 21, 1881, the plaintiff had been a deacon or elder and as sueli a member of the consistory of tbe Third Reformed Dutch…
1Opinion of the Court
Opinion,
Mb. Justice Williams :
The judgment brought before us on this record was entered for want of a sufficient affidavit of defence. Three questions are raised, viz.: (1) Was an affidavit of defence required in this case ? (2) If an affidavit was necessary, could a second or third affidavit be required upon an amendment by leave of court of the plaintiff’s statement of his cause of action ? (8) Was there a sufficient affidavit upon the record in this case?
The plaintiff’s original statement disclosed a demand for a specific sum of money and the interest thereon, which before the procedure…
2Cited by6 opinions
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
- Busch v. CalhounSuperior Court of Pennsylvania · 1900
- McClurg v. FuterSuperior Court of Pennsylvania · 1913
- Besore EstatePennsylvania Orphans' Court, Montgomery County · 1959
- Moore v. SchmidtSuperior Court of Pennsylvania · 1915
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