Walker v. Geisse
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought in that Court to March term, 1837, by George W. Geisse and Lewis Geisse, trading under the firm of George W. Geisse & Co. against Henry M. Walker. On the 8th of April, 1837, the plaintiffs filed in the office of the prothonotary of the District Court copies of the checks upon which the action was brought, as follows.
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IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought in that Court to March term, 1837, by George W. Geisse and Lewis Geisse, trading under the firm of George W. Geisse & Co. against Henry M. Walker. On the 8th of April, 1837, the plaintiffs filed in the office of the prothonotary of the District Court copies of the checks upon which the action was brought, as follows. “ No. 583. Philadelphia, April 6th, 1837. Farmers and Mechanics Bank. Pay to Messrs. R. & J. Phillips or order, Four thousand…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J. —
The defendant below, in a suit like the present, is *256bound by the act of assembly passed in this behalf, in order to pre" vent a judgment being obtained against him by the plaintiff for the amount of his claim, to state in his affidavit or affirmation of a defence, if he makes and files one, not merely that he has or believes that he has a just defence, • but he must also state the grounds and nature of it, so that the Court may be enabled to judge how far it will avail against the plaintiff’s demand, if established by due proof.
The…
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