Reis v. McDevitt
Supreme Court of Pennsylvania
Appeal, No. 29, Oct. T., 1907, by defendant, from order of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 793, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles Henry Reis, Administrator c. t. a. of the Estate of Henry Reis, deceased, and Charles Henry Reis, Administrator c. t. a. of the Estate of Henry Reis, deceased, for the use of J. Erastus McKelvy, the County of Allegheny and Wilkinsburg Borough v. Mary McDevitt.
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Appeal, No. 29, Oct. T., 1907, by defendant, from order of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 793, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles Henry Reis, Administrator c. t. a. of the Estate of Henry Reis, deceased, and Charles Henry Reis, Administrator c. t. a. of the Estate of Henry Reis, deceased, for the use of J. Erastus McKelvy, the County of Allegheny and Wilkinsburg Borough v. Mary McDevitt. Assumpsit for breach of contract. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The learned court below on the pleadings entered judgment for want of a sufficient affidavit of defense. This appeal challenges the correctness of that ruling. The proceeding is out of the ordinary and somewhat unusual. The administrator of the estate of the decedent, Reis, has brought an action of assumpsit to recover not only an alleged balance due the estate of said decedent, secured by a mortgage not yet due, but in addition thereto claims the right in this single action to include the amount of the McKelvy mortgage, certain municipal liens *416in favor of the…
2Cases cited3 opinions
- Guaranty Trust & Safe Deposit Co. v. PowellSupreme Court of Pennsylvania · 1892
- Commonwealth ex rel. State Hospital for the Insane v. County of PhiladelphiaSupreme Court of Pennsylvania · 1899
- Commonwealth v. SchadtSupreme Court of Pennsylvania · 1906