Tallman v. Moore

Opinion by

Linn, J.,

This appeal is from judgment for want of a sufficient affidavit of defense in assumpsit. The suit is on a bond given by defendants to plaintiffs. They sue for judgment for the penal sum of the bond, $12,000, alleging certain breaches of condition with averments of damage claimed for each breach alleged. The Act of June 14, 1836, P. L. 638, section 1, (in substance re-enacting 8 and 9 Wm. III, c. 11, Sec. 8; 4 Troubat & Haly’s Practice, 6th Ed. p. 2728) provides for such suit: Reynolds v. Lowry, 6 Pa. 465, 468; Duffy v. Lytle, 5 W. 120; New Holland Turnpike Co. v. Lancaster…