Security Savings & Loan Ass'n v. Anderson
Supreme Court of Pennsylvania
Appeal, No. 233, Oct. T., 1895, by plaintiff, from order of C. P. Westmoreland Co., Feb. T., 1895, No. 444, discharging rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mortgage.
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Appeal, No. 233, Oct. T., 1895, by plaintiff, from order of C. P. Westmoreland Co., Feb. T., 1895, No. 444, discharging rule for judgment for want of a sufficient affidavit of defense. Scire facias sur mortgage. The terre tenant filed an affidavit of defense, which was as follows : 1. The aforesaid mortgage is a building and loan association mortgage, payable in monthly installments, and the scire facias issued thereon, a copy of which was served upon deponent, does not show on its face any forfeiture or immediate cause of action. 2. The said scire facias, the copy of the same served upon…
1Opinion of the Court
Per Curiam,
It does not appear that the refusal of the court below to enter judgment for want of a sufficient affidavit of defense was excepted to, as contemplated by the act of April 18, 1874, P. L. 64, under which this case was brought here. Waiving that requirement of the act, we are all of opinion that the rule for judgment was rightly discharged. But, assuming for argument sake, that the action of the court was at least doubtful, the result is the same. As was said in Griffith v. Sitgreaves, 81* Pa. 378, the act referred to “ was intended to reach only clear eases of error in law, and…
2Cited by3 opinions
- Wilson v. Bryn Mawr Trust Co.Supreme Court of Pennsylvania · 1909
- Shumaker v. Security Life & Annuity Co. of AmericaCourt of Appeals for the Third Circuit · 1908
- Philadelphia Typewriter & Supply Co. v. Smith, Hutton & Kirk Co.Superior Court of Pennsylvania · 1908