Philadelphia Typewriter & Supply Co. v. Smith, Hutton & Kirk Co.
Superior Court of Pennsylvania
Appeal, No. 234, April T., 1908, by plaintiff, from order of C. P. Lawrence Co., Dec. T., 1907, No. 135, discharging rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia Typewriter & Supply Company v. Smith, Hutton & Kirk Company. Rule for judgment for want of a sufficient affidavit of defense. The plaintiff claimed the price of a typewriter sold and delivered to the defendant.
Read the full summary
Appeal, No. 234, April T., 1908, by plaintiff, from order of C. P. Lawrence Co., Dec. T., 1907, No. 135, discharging rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia Typewriter & Supply Company v. Smith, Hutton & Kirk Company. Rule for judgment for want of a sufficient affidavit of defense. The plaintiff claimed the price of a typewriter sold and delivered to the defendant. The affidavit of defense averred that the defendant admits the order and the delivery to it of the typewriter referred to in the plaintiff's statement of claim, and that the price…
1Opinion of the Court
Opinion by
Beaver, J.,
The Act of April 18,1874, P. L. 64, allowing a writ of error to the refusal of judgment for want of a sufficient affidavit of defense was construed shortly after its passage in Griffith et al. v. Sitgreaves, 81* Pa. 378. It was said:
“The act of assembly, authorizing writs of error to be taken *151when a court of common pleas refuses to enter judgment on the ground of the sufficiency of an affidavit of defense was intended to reach only clear cases of error in law, and thus to prevent the delay of a trial. Its effect is often to produce two writs of error in the same cause,…
2Cases cited5 opinions
- Ætna Ins. v. ConferSupreme Court of Pennsylvania · 1893
- Kidder Elevator Interlock Co. v. MuckleSupreme Court of Pennsylvania · 1901
- Ensign ex rel. Paine v. KindredSupreme Court of Pennsylvania · 1894
- Radcliffe v. HerbstSupreme Court of Pennsylvania · 1890
- Security Savings & Loan Ass'n v. AndersonSupreme Court of Pennsylvania · 1896