Fidelity Insurance, Trust & Safe Deposit Co. v. Hafner
Superior Court of Pennsylvania
Appeal, No. 77, Oct. T., 1897, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., .1897, No. 515, for want of a sufficient affidavit of defense. Assumpsit for uge of party wall. The facts sufficiently appear in the opinion of the court. Judgment for plaintiff for §116.01. Defendant appealed. Error .assigned was, Entry of judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Beaver, J.,
The judgment in this case was properly entered. The plaintiff’s statement was sufficient. It distinctly averred the ownership of the premises upon which the party wall was built; that the defendant was the owner or lessee of the adjoining premises, and that he was the next builder, having erected and built a messuage upon the adjoining premises and making use of the-plaintiff’s party wall therefor. It avers that the “ proper surveyor and regulator duly set the charge and value of the portion of the said party wall so used by the said defendant as-aforesaid, of which the…
2Cases cited1 opinion
- Voight v. WallaceSupreme Court of Pennsylvania · 1897