Brown v. Gourley
Supreme Court of Pennsylvania
Appeal, No. 86, Jan. T. 1905, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T. 1904, No. 2,810, making absolute rule for judgment for want of a sufficient affidavit of defense in case of city of Philadelphia to use of James F. Brown v. Samuel Gourley, Sr., and. Samuel Gourley, Jr. Assumpsit on a bond given by a contractor to a city to protect material men and subcontractors.
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Appeal, No. 86, Jan. T. 1905, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T. 1904, No. 2,810, making absolute rule for judgment for want of a sufficient affidavit of defense in case of city of Philadelphia to use of James F. Brown v. Samuel Gourley, Sr., and. Samuel Gourley, Jr. Assumpsit on a bond given by a contractor to a city to protect material men and subcontractors. The affidavit of Samuel Gourley, Jr., was as follows : That exclusive of the sum admitted by the plaintiff to have been received on account of the said contract price of $14,800 that your deponent on or about…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
An affidavit of defense is sufficient if it sets forth in words or by necessary inference therefrom the indispensable elements of a defense: Selden v. Neemes, 43 Pa. 421. An affidavit of defense need not be drawn with such nicety that no critical skill can suggest an objection. If it sets forth substantially a good defense it should be supported: Thompson v. Clark, 56 Pa. 33. An affidavit of defense need not be framed with the technical accuracy of formal pleadings, nor is it to be subjected to the severe scrutiny which critical skill may exercise : Twitchell v.…
2Cases cited4 opinions
- Kaufman & Co. v. Cooper Iron Mining Co.Supreme Court of Pennsylvania · 1884
- Twitchell v. McMurtrieSupreme Court of Pennsylvania · 1875
- Thompson v. ClarkSupreme Court of Pennsylvania · 1867
- Selden v. NeemesSupreme Court of Pennsylvania · 1862
3Cited by3 opinions
- Rafferty v. KleinSupreme Court of Pennsylvania · 1917
- Arcadia Theatre Co. v. SegallSupreme Court of Pennsylvania · 1944
- A. G. Breitweiser Lumber Co. v. CrickSuperior Court of Pennsylvania · 1913