Legal Opinion
Rash v. Shower Bros.
Court of Appeals for the Third Circuit
Decided May 3, 1923No. 2948PublishedCited by 4 opinions
1Opinion of the Court
WOOLLEY, Circuit Judge.
The judgment brought here by this writ of error was entered for the plaintiff, under the Practice Act of Pennsylvania (Pa. St. 1920, § 17197), for that part of its claim which the court found the defendant, in his affidavit of • defense, had admitted to be due.
On a motion for judgment for want of a sufficient affidavit of defense, the facts, so far as they are sufficiently averred, are accepted as true; those insufficiently averred are disregarded; and judgment is refused or awarded according as the averments answer or fail to answer the statement of claim.…
2Cases cited5 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of the United States · 1919
- Teal v. BilbySupreme Court of the United States · 1887
- American Fine Art Co. v. SimonCourt of Appeals for the Second Circuit · 1905
- C. J. Huebel Co. v. LeaperCourt of Appeals for the Sixth Circuit · 1911
3Cited by4 opinions
- City of Newark v. MillsCourt of Appeals for the Third Circuit · 1929
- Harding v. TaubelCourt of Appeals for the Third Circuit · 1924
- American Bridge Co. v. CrawfordCourt of Appeals for the Third Circuit · 1929
- National Loan & Exchange Bank v. TolbertSupreme Court of South Carolina · 1924