Friel v. Custer
Superior Court of Pennsylvania
Appeal, No. 35, April T., 1903, by defendant from order of C. P. Allegheny Co., March T., 1902, No. 460, making absolute rule for judgment for want of a sufficient affidavit of defense. Assumpsit for goods sold. The plaintiff’s statement of claim and the defendant’s affidavit of defense are quoted at length in the opinion of the Superior Court. The court made absolute the rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 35, April T., 1903, by defendant from order of C. P. Allegheny Co., March T., 1902, No. 460, making absolute rule for judgment for want of a sufficient affidavit of defense. Assumpsit for goods sold. The plaintiff’s statement of claim and the defendant’s affidavit of defense are quoted at length in the opinion of the Superior Court. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court. cited: Hugg v. Scott, 6 Wharton, 274; Moeclc v. Littell, 82 Pa. 854; Bronson v. Silverman, 77 Pa.. 94; Thompson v.…
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action commenced by the plaintiff before a justice of the peace, and came into the court of common pleas by appeal where the plaintiff filed Iris declaration or statement of claim, and the defendant replied thereto by affidavit of defense. The court granted judgment for want of a sufficient affidavit of defense and this is the error assigned. The plaintiff’s declaration is as follows: “ James Friel & Company, Limited, the plaintiff above named, complains of W. S. Custer, doing-business as Wilmerding Grocery Company, the defendant above named, and says that…
2Cases cited4 opinions
- Thompson v. ClarkSupreme Court of Pennsylvania · 1867
- Bronson v. SilvermanSupreme Court of Pennsylvania · 1875
- Moeck v. LittellSupreme Court of Pennsylvania · 1876
- McPherson v. Allegheny National BankSupreme Court of Pennsylvania · 1880
3Cited by1 opinion
- Eliel v. ChamberlainSuperior Court of Pennsylvania · 1912