Muir v. Preferred Accident Insurance
Supreme Court of Pennsylvania
Appeal, No. 171, Jan T., 1901, by defendant, from order of C. P. Delaware Co., Dec. T., 1900, No. 264, rescinding order of removal, and entering judgment for want of an affidavit of defense, in case of Emma R. Muir v. Preferred Accident Insurance Company of New York. Assumpsit upon a policy of insurance. Before Johnson, P. J. Tbe facts appear by the opinion of the Supreme Court.
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Appeal, No. 171, Jan T., 1901, by defendant, from order of C. P. Delaware Co., Dec. T., 1900, No. 264, rescinding order of removal, and entering judgment for want of an affidavit of defense, in case of Emma R. Muir v. Preferred Accident Insurance Company of New York. Assumpsit upon a policy of insurance. Before Johnson, P. J. Tbe facts appear by the opinion of the Supreme Court. Error assigned was order rescinding order of removal and entering judgment for want of an affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
An affidavit of defense in Pennsylvania practice is no part of the pleadings, and has an entirely different function. It is a mere step or incident of the proceedings required in order to prevent a summary judgment by default. When it has served that purpose its function is ended, unless further enlarged by express rule of court. It cannot be read to the jury unless formally put in evidence as an admission, Mullen v. Union Central Life Ins. Co., 182 Pa. 150, nor can its failure to deny averments of the plaintiff’s statement be used or considered as evidence of…
2Cases cited7 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- Mullen v. Union Central Life InsuranceSupreme Court of Pennsylvania · 1897
- Phenix Ins. v. Charleston Bridge Co.Court of Appeals for the Fourth Circuit · 1895
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- Zvonik v. ZvonikSuperior Court of Pennsylvania · 1981
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- Johnson v. Royal InsuranceSupreme Court of Pennsylvania · 1907
- Foote v. Maryland Casualty Co.Supreme Court of Pennsylvania · 1962
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