City of New Castle v. New Castle Electric Co.
Superior Court of Pennsylvania
Appeal, No. 28, April T., 1896, by plaintiff, from order of C. P. Lawrence Co., Dec. T., 1894, No. 9, on rule for judgment for want of a sufficient affidavit of defense, entering judgment for portion of the claim only. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 28, April T., 1896, by plaintiff, from order of C. P. Lawrence Co., Dec. T., 1894, No. 9, on rule for judgment for want of a sufficient affidavit of defense, entering judgment for portion of the claim only. Rule for judgment for want of a sufficient affidavit of defense. Before Wallace, P. J. Judgment for part of plaintiff’s claim for $138.08. Plaintiff’s statement claimed a license tax under a municipal ordinance on certain poles and wires erected by defendant company for the years 1892, 1893 and 1894, amounting to $313 for each year and aggregating $939. The affidavit of defense…
1Opinion of the Court
Opinion by
Rice, P. J.,
Upon the plaintiff’s motion for judgment for want of a sufficient affidavit of defense the court granted a rule to show cause and subsequently gave judgment for a part of the plaintiff’s demand. This was virtually a refusal of judgment for the residue. It is urged that the statutes give no appeal to the plaintiff from such a judgment. Prior to the act of April 18, 1874 (P. L. 64), there was no appeal or writ of error from an order refusing judgment for want of a sufficient affidavit of defense. The purpose of that act was to reach clear cases of error of law *230and thus…
2Cases cited6 opinions
- West v. SimmonsSupreme Court of Pennsylvania · 1837
- Ashman v. WeigleySupreme Court of Pennsylvania · 1892
- Reilly v. DalySupreme Court of Pennsylvania · 1894
- Stedman v. PoterieSupreme Court of Pennsylvania · 1891
- Roberts v. SharpSupreme Court of Pennsylvania · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cain v. RedlichSupreme Court of Pennsylvania · 1932
- Ganor v. HinrichsSuperior Court of Pennsylvania · 1896