Gannon v. Fritz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 170. This was an action of debt, brought April 28th 1875, by Jesse H. Fritz against John F. McKinney, Martin Gannon and Thomas J. Burchfield. The writ was served on Gannon and Burchfield, and returned “ Nihil” as to McKinney.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 170. This was an action of debt, brought April 28th 1875, by Jesse H. Fritz against John F. McKinney, Martin Gannon and Thomas J. Burchfield. The writ was served on Gannon and Burchfield, and returned “ Nihil” as to McKinney. The plaintiff filed an affidavit of claim as follows:— * * * “ That the plaintiff’s claim in above case is founded as fol lows: John F. McKinney, one of the defendants above named, was indebted to Jesse H. Fritz, the plaintiff above named, in a judgment, &c., in the sum…
1Opinion of the CourtJustice Woodward
This judgment was entered under the provisions of the fifth of the rules adopted for the regulation of the practice of the court below. By the first section of this rule it is prescribed, that “ in all cases the plaintiff shall file with or before his declaration a *306specification of the items of his claim, and a statement of facts necessary to support it, verified by affidavit, to which the defendant shall, within the time hereinafter specified, file an answer, verified by affidavit; and such items of the claim and material averments of the facts as a.re not directly and specifically traversed…
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