S. F. Bowser & Co. v. Sharping.
Superior Court of Pennsylvania
Appeal, No. 5, Jan. T., 1910, by plaintiffs, from order of C. P. Tioga Co., Sept. T., 1908, No. 191, dismissing appeal of judgment of justice of the peace in case of S. F. Bowser & Company, Incorporated, v. Sharping. Appeal from justice of the peace. Rule to strike off appeal. Cameeon, P. J., filed the following opinion: The plaintiff served with the summons an affidavit of claim with a copy of the contract upon which the action was founded.
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Appeal, No. 5, Jan. T., 1910, by plaintiffs, from order of C. P. Tioga Co., Sept. T., 1908, No. 191, dismissing appeal of judgment of justice of the peace in case of S. F. Bowser & Company, Incorporated, v. Sharping. Appeal from justice of the peace. Rule to strike off appeal. Cameeon, P. J., filed the following opinion: The plaintiff served with the summons an affidavit of claim with a copy of the contract upon which the action was founded. The summons was returnable July 14, 1908. The defendant filed an affidavit of defense. On the return day S. F. Channell, of counsel for the plaintiff,…
1Opinion of the Court
Opinion by
Head, J.,
The appellant began this action before the justice of the peace by filing the affidavit of claim provided for in sec. 2 of the Act of July 7, 1879, P. L. 194. The affidavit was duly served with the summons. The defendant in turn filed within the proper time the affidavit of defense provided for in the same section. As that act confers upon the magistrate no power to enter a judgment for want of a sufficient affidavit of defense, and does not attempt to make either of these ex parte affidavits evidence to be considered by the' magistrate, it had no further effect or…