Legal Opinion

Citizens Natural Gas Co. v. Waynesburg Natural Gas Co.

Supreme Court of Pennsylvania

Decided December 31, 1904No. Appeal, No. 107PublishedCited by 9 opinions

Appeal, No. 107, Oct. T., 1904, by plaintiff, from order of C. P. Greene Co., Peb. T., 1904, No. 68, discharging rule for judgment for want of a sufficient affidavit of defense in case of Citizens Natural Gas Company to use of A. A. Purnam, Jr., v. Waynesburg Natural Gas Company and The Manufacturers Light and Heat Company. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 107, Oct. T., 1904, by plaintiff, from order of C. P. Greene Co., Peb. T., 1904, No. 68, discharging rule for judgment for want of a sufficient affidavit of defense in case of Citizens Natural Gas Company to use of A. A. Purnam, Jr., v. Waynesburg Natural Gas Company and The Manufacturers Light and Heat Company. Rule for judgment for want of a sufficient affidavit of defense. Before Cbaweobd, P. J. The material averments of the affidavit of defense are stated in the opinion of the Supreme Court. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Mb. Justice Thompson,

A court without doubt is the best interpreter of its own rules and its constructions of them ought to be authoritative. The court below made the following rule: “ All affidavits on the *139part of the plaintiff or defendant may be made either by the party or his agent, but when made by an agent, the character of such agency, and his means of knowledge of the facts alleged in his affidavit must be set forth, and also the reason why the affidavit is not made by the party himself.” The effect of this rule is involved in the compliance with it of certain persons making…

2Cases cited3 opinions

  1. Griel v. BuckiusSupreme Court of Pennsylvania · 1886
  2. Beale v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1878
  3. Sleeper v. DoughertySupreme Court of Pennsylvania · 1837

3Cited by9 opinions

  1. Wakely v. Sun Insurance Office of LondonSupreme Court of Pennsylvania · 1914
  2. Gary Community Mental Health Center, Inc. v. Indiana Department of Public WelfareIndiana Court of Appeals · 1986
  3. Bushong v. EdwardsSuperior Court of Pennsylvania · 1913
  4. Phillips v. AllenSuperior Court of Pennsylvania · 1907
  5. Galashevsky v. Camden Fire InsuranceSuperior Court of Pennsylvania · 1916

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