Bernhardt v. Taylor
Supreme Court of Pennsylvania
Appeal, No. 152, Jan. T., 1908, by defendant, from order of C. P. Huntingdon Co., Feb. T., 1908, No. 10, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lillian Bernhardt v. Isaac Taylor and Isaac Taylor, Trustee. Scire facias sur certified transcript from the orphans-’ court. Before Shull, P. J., specially presiding.
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Appeal, No. 152, Jan. T., 1908, by defendant, from order of C. P. Huntingdon Co., Feb. T., 1908, No. 10, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lillian Bernhardt v. Isaac Taylor and Isaac Taylor, Trustee. Scire facias sur certified transcript from the orphans-’ court. Before Shull, P. J., specially presiding. The defendant filed an affidavit of defense in which he set up payments to the plaintiff made prior to the date of the adjudication. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
In disposing of a rule for judgment for want of a sufficient affidavit of defense nothing is before the court except the plaintiff’s statement and the defendant’s affidavit in reply to it. To these the court below was confined in determining whether the rule for judgment in this case should be discharged or made absolute: Allegheny City v. McCaffrey, 131 Pa. 137; Columbia National Bank v. Dunn, 207 Pa. 548; Scott Manufacturing Co. *309v. Morgan, 217 Pa. 367. Instead of confining itself to what appeared in the record before it, the court, in its opinion making absolute…
2Cases cited6 opinions
- Columbia National Bank v. DunnSupreme Court of Pennsylvania · 1904
- Allegheny City v. McCaffreySupreme Court of Pennsylvania · 1890
- Scott Manufacturing Co. v. MorganSupreme Court of Pennsylvania · 1907
- Burd's Executors v. M'Gregor's AdministratorSupreme Court of Pennsylvania · 1857
- Eichelberger v. SmyserSupreme Court of Pennsylvania · 1839
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3Cited by4 opinions
- Catanzaritti v. BiancoSuperior Court of Pennsylvania · 1938
- Heffner v. AlbrightSupreme Court of Pennsylvania · 1911
- Scranton City v. WatsonSuperior Court of Pennsylvania · 1915
- Tallman v. MooreSuperior Court of Pennsylvania · 1929