Joseph F. Schanne v. Bioren Co.

Opinion by

Keller, J.,

Under the Practice Act of 1915, P. L. 483, and its amendments, judgment may not be entered for want of a sufficient affidavit of defense in an action of trespass: Smith v. Wertheimer, 76 Pa. Superior Ct. 210; Stern v. Lancaster, 79 Pa. Superior Ct. 27; Bartoe v. Guckert, 158 Pa. 124. Any rule of court to the contrary is invalid and should be revoked: Smith v. Wertheimer, supra. The error is a basic one, appearing on the face of the record, and will be corrected in this court even though the point was not raised in the court below.

To avoid a second error on the trial we…