Feather v. Hustead
Supreme Court of Pennsylvania
Appeal, No. 372, Jan. T., 1915, by defendant, from judgment of C. P. Fayette Co., June T., 1915, No. 516, entered for want of a sufficient affidavit of defense in case of J. I. Feather v. James M. Hustead, alias J. M. Hustead and John E. Hess. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 372, Jan. T., 1915, by defendant, from judgment of C. P. Fayette Co., June T., 1915, No. 516, entered for want of a sufficient affidavit of defense in case of J. I. Feather v. James M. Hustead, alias J. M. Hustead and John E. Hess. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. Before Van Swearingen, P. J. The facts appear by the opinion of the Supreme Court, The lower court made absolute plaintiff’s rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned, among others, was in making…
1Opinion of the Court
Opinion by
Me. Justice Moschzisker,
April 30,1915, the plaintiff sued in the Common Pleas of Fayette County to recover on a promissory note; May 17, 1915, an affidavit of defense was entered as follows: “The plaintiff herein brought an action of assumpsit against the said J. M. Hustead and John E. Hess in the Court of Common Pleas of Greene County, Pennsylvania, to No. 192, June Term, 1915, on the identical note set forth in the plaintiff’s statement herein, which action in said Court of Common Pleas of Greene County is still pending and undetermined.” May 21, 1915, the plaintiff took a rule…
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