Pompey Coal Co. v. Giombetti

Hoban, J.,

The matter is now before the court on a bill in equity, an answer containing new matter, and a replication containing objections to the answer, as provided for in Supreme Court Equity Rules 55 and 49. The situation is similar to that where plaintiff’s reply in the nature of an affidavit of defense setting up questions of law, if the action were at law, and a motion for judgment for want of a sufficient affidavit of defense came before the court: See Michelin Tire Co. v. Schulz, 295 Pa. 140. In other words, if the defense presented by the answer and new matter is not a valid one…