Carter v. Vandegrift
Superior Court of Pennsylvania
Appeal, No. 263, Oct. T., 1919, by plaintiff, from judgment of Municipal Court of Philadelphia, Sept. T., 1919, No. 381, making absolute rule for judgment for want of a sufficient statement of claim in the ease of J. Morris Carter v. Walter Yandegrift. Rule for judgment for want of a sufficient statement. The opinion of the Superior Court states the case. The court made absolute tbe rule. Plaintiff appealed. Error assigned was the decree of tbe court.
1Opinion of the Court
Opinion by
Linn, J.,
On September 23, 1919, plaintiff brought assumpsit to recover for services rendered by bim as physician and surgeon between October 9, 1909, and September 3, 1910.
Tbe statement of claim averred a balance presently due, though in tbe copy of tbe account attached to- tbe statement, tbe last payment on account appeared to have been made August 9, 1911.
On October 1, 1919, under rule 14 (f) of tbe rules of tbe municipal court, defendant moved for judgment for want of a sufficient statement of claim, tbe alleged insufficiency appearing in tbe affidavit filed in support of tbe…
2Cases cited1 opinion
- Barclay v. BarclaySupreme Court of Pennsylvania · 1903
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