Terriberry v. Broude
Supreme Court of Pennsylvania
Appeal, No. 165, Oct. T., 1895, by defendants, from order of O. P. No. 1, Allegheny County,. March T., 1895, No. 280, mailing absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The case was originally begun before a justice of the peace.. On December 19, 1894, defendants appealed from the judgment of the justice.
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Appeal, No. 165, Oct. T., 1895, by defendants, from order of O. P. No. 1, Allegheny County,. March T., 1895, No. 280, mailing absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The case was originally begun before a justice of the peace.. On December 19, 1894, defendants appealed from the judgment of the justice. On January 26, 1895, plaintiff filed the statement. On February 8, 1895, defendants filed an affidavit of defense, and on the same day entered a rule on…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Tliree questions are presented by this appeal. The first *52relates to the sufficiency of the statement of claim, the second to the sufficiency of the affidavit of defense, and the third to the regularity of the proceedings after the entry of a rule on the plaintiff, a nonresident, for costs.
It is averred in the statement that the defendants are indebted to the plaintiff in a sum named for goods sold and delivered upon an account which is attached, and which is a true and correct copy of the plaintiff’s book of original entry. This with the other averments makes a…
2Cited by2 opinions
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