Legal Opinion

A. G. Breitweiser Lumber Co. v. Crick

Superior Court of Pennsylvania

Decided October 13, 1913No. Appeal, No. 30PublishedCited by 1 opinion

Appeal, No. 30, April T., 1913, by defendants, from order of C. P. Allegheny Co., April T., 1912, No. 1,234, making absolute rule for judgment for want of a sufficient affidavit of defense in case of A. G. Breitweiser Lumber Company v. L. H. Crick and J. T. Golden, partners doing business as Golden & Crick. Assumpsit for building materials sold and delivered. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 30, April T., 1913, by defendants, from order of C. P. Allegheny Co., April T., 1912, No. 1,234, making absolute rule for judgment for want of a sufficient affidavit of defense in case of A. G. Breitweiser Lumber Company v. L. H. Crick and J. T. Golden, partners doing business as Golden & Crick. Assumpsit for building materials sold and delivered. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense. To entitle a plaintiff to judgment for want of sufficient affidavit of…

1Opinion of the Court

Opinion by

Morrison, J.,

The first position taken by appellants is that plaintiff’s declaration is not sufficient to call for an affidavit of defense. It does not appear from the record that this question was raised in the court below at or before the time when judgment was entered against the defendants for want of a sufficient affidavit of defense. It is contended here by counsel for appellee that in fact no such question was raised in the court below. However that may be, an examination of the declaration with the exhibits A, B and C referred to and attached thereto convinces us that it is a…

2Cases cited10 opinions

  1. Chestnut Street National Bank v. EllisSupreme Court of Pennsylvania · 1894
  2. Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
  3. Law v. WaldronSupreme Court of Pennsylvania · 1911
  4. Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
  5. Rosenblatt v. WeinmanSupreme Court of Pennsylvania · 1911

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Keystone Furniture Co. v. Danneman, Pennsylvania Court of Common Pleas, Lancaster County1927

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