French v. Harding
Superior Court of Pennsylvania
Appeal, No. 21, Oct. T., 1910, by defendant, from order of C. P. No. 4, Phila. Co., Dec. Term 1908, No. 2,748, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Thomas E. French, ancillary receiver of The Agnew Company, v. J. Horace Harding. Assumpsit to recover assessments on stock of a New Jersey corporation. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 21, Oct. T., 1910, by defendant, from order of C. P. No. 4, Phila. Co., Dec. Term 1908, No. 2,748, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Thomas E. French, ancillary receiver of The Agnew Company, v. J. Horace Harding. Assumpsit to recover assessments on stock of a New Jersey corporation. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Head, J.,
This appeal comes from an order or decree of the learned court below making absolute a rule for judgment for want of a sufficient affidavit of defense. As, in the view we take of the case, it must go back to be tried according to the course of the common law, we follow the approved practice of the appellate courts in indicating, as briefly as we may considering the nature of the question involved, the reasons why we have determined the affidavit to be sufficient to protect the defendant from a summary judgment.
The Agnew Company was a corporation of the state of New Jersey,…
2Cases cited7 opinions
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- Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
- Glenn v. LiggettSupreme Court of the United States · 1890
- Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
- Finletter v. AppletonSupreme Court of Pennsylvania · 1900
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