Northwest Building & Loan Ass'n v. Godfrey
Superior Court of Pennsylvania
Appeal, No. 99, Oct. T. 1909, by plaintiff, from order of C. P. No. 1. Phila. Co., Dec. T., 1908, No. 1,564, discharging rule for judgment for want of a sufficient affidavit of defense in case of Northwest Building Loan Association of Philadelphia, Mortgagee, v. Walter A. Godfrey et al., Mortgagors, and Annie M. Godfrey, Real Owner. Scire facias sur building association mortgage.
Read the full summary
Appeal, No. 99, Oct. T. 1909, by plaintiff, from order of C. P. No. 1. Phila. Co., Dec. T., 1908, No. 1,564, discharging rule for judgment for want of a sufficient affidavit of defense in case of Northwest Building Loan Association of Philadelphia, Mortgagee, v. Walter A. Godfrey et al., Mortgagors, and Annie M. Godfrey, Real Owner. Scire facias sur building association mortgage. The plaintiff’s statement of claim set up default in the payment of interest, premiums and fines, and also default in the production of tax receipts. The defendant in her affidavit of defense averred payment of all…
1Opinion of the Court
Per Curiam,
An order discharging a rule for judgment for want of a sufficient affidavit of defense will not be reversed on appeal in doubtful and uncertain cases, but only in such as are clear and free of doubt. Many of the cases supporting this general rule are cited in the opinion of the Supreme Court in the recent case of Wilson v. Bryn Mawr Trust Company, 225 Pa. 143. Viewing the statement of claim and the affidavit of defense in the light of this rule, we are of opinion that the appeal should be dismissed.
Appeal dismissed at the costs of the appellant without prejudice to its right to a…
2Cases cited1 opinion
- Wilson v. Bryn Mawr Trust Co.Supreme Court of Pennsylvania · 1909
3Cited by1 opinion
- Davis v. KomerSuperior Court of Pennsylvania · 1912