Stephens v. Gilberton Coal Co.
Pennsylvania Court of Common Pleas, Schuylkill County
Buie to show cause why judgment should, not te entered for want of a sufficient affidavit cf defence.
1Opinion of the Court
Opinion by
Walker J.
The plaintiffs in this case obtained a judgment against the defendant before a justice of the peace, on 19 April, 1871, for $41.88..
The defendant appealed on 6th May, 1872, and the affidavit of de-fence filed under the 49th rule of court sets forth. “That to the defendant above named there was assigned part of a judgment to September-Term, 1872, No. -, against the plaintiff in this suit, which part of said judgment remains unpaid, and exceeds the amount of plaintiff’s claim in this suit.
This the defendant contends is sufficient to go to a jury. The plaintiff on the other…
2Cases cited7 opinions
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Filbert v. HawkSupreme Court of Pennsylvania · 1839
- Kachlein v. RalstonSupreme Court of Pennsylvania · 1795
- Huling v. HuggSupreme Court of Pennsylvania · 1841
- Metzgar ex rel. Uhler v. MetzgarSupreme Court of Pennsylvania · 1829
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Russell v. FabyanSupreme Court of New Hampshire · 1857