Ridley Park Borough v. American Surety Co. of New York

Per Curiam,

Plaintiff appeals from an order of the court below discharging its rule for judgment for want of a sufficient affidavit of defense. The order is right.

The pleadings in that court were a statement of claim; an affidavit of defense accompanied by a notice of new matter; plaintiff’s reply to the new matter; and a rule for judgment for want of a sufficient affidavit of defense.

Two reasons are given for the discharge of the rule. The first is that “the filing of [a reply] to the affidavit of defense (here a reply to new matter in the affidavit, which new matter deals with the merits of…