Consumers' Gas Co. of Danville v. American Electric Construction Co.
Court of Appeals for the Third Circuit
. Error to the Circuit Court of the United States for the Western District of Pennsylvania. . Action' by the American Electric Construction Company, Limited, against the Consumers’ Gas Company of Danville. An affidavit of defense was adjudged insufficient, (17 Fed. llep. 48,) and defendant brings error.
1Opinion of the Court
AchesoN, Circuit Judge.
An affidavit of defense is insufficient to prevent judgment, unless it sets forth all the facts necessary to constitute a substantial defense. Mere general averments amounting to legal conclusions will not do. The specific fads must be stated, so that the court may draw the proper conclusions. Nothing should be left to conjecture, for that which is not stated must be taken not to exist. These principles have been repeatedly declared and enforced. Bryar v. Harrison, 37 Pa. St. 233; Marsh v. Marshall, 53 Pa. St. 396; Peck v. Jones, 70 Pa. St. 83; Asay v. Lieber, 92 Pa.…
2Cases cited9 opinions
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