Durkin v. Beshlin
Pennsylvania Court of Common Pleas, Warren County
Rule for judgment for want of sufficient affidavit of defence. C. P. Warren Co., Sept. T., 1919, No. 51.
1Opinion of the Court
Lindsey, P. J.,
This suit was brought Aug. 11, 1919. Plaintiff’s statement of claim was filed Aug. 27, 1920. On Sept. 7, 1920, defendants filed a paper entitled “Affidavit of defence,” in which they say that they, “without answering the averments of alleged facts in the statement of claim filed and served upon them Aug. 26, 1920, make answer as hereinafter stated for the purpose of raising certain questions of law for determination by the court, and aver as follows.” The first paragraph of the paper alleges a variance between the writ and the statement; seven subsequent paragraphs, however,…
2Cases cited11 opinions
- Barclay v. BarclaySupreme Court of Pennsylvania · 1903
- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- Daley v. IselinSupreme Court of Pennsylvania · 1905
- Fitzpatrick v. RileySupreme Court of Pennsylvania · 1894
- Gardner v. KiehlSupreme Court of Pennsylvania · 1897
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