Shultz v. Blank

Fronefield, P. J.,

The defendants in the above case, on July 17, 1926, filed their affidavit of defence in the nature of a demurrer, and on July 20, 1926, filed their motion to strike off the plaintiff’s statement of claim, in both of which the same reasons for relief are set forth.

An affidavit of defence in the nature of a demurrer is used only when the statement of claim, irrespective of form or particularity, does not set forth facts showing that the plaintiff has a proper cause of action. It deals with substance and not with form: Carlisle Trust Co. v. Directors of the Poor, 79 Pa.…