Bill Posting Sign Co. v. Jermon

Citations

• 27 Pa. Super. 171
• 1905 Pa. Super. LEXIS 27

Syllabus

<p>Practice, C. P. — Pleading—Statement—Defective statement — Affidavit of defense.</p> <p>In both a statement of claim and an affidavit of defense, facts must be stated, which if proved as set forth, are sufficient to sustain the action in the one case, or the defense in the other.</p> <p>A defendant is not required either to plead or reply by affidavit of defense to an insufficient statement of claim.</p> <p>A defendant, if he chooses to file an affidavit of defense to a defective statement of claim, instead of filing a demurrer, is not bound to rest on the defense set forth in the affidavit.</p> <p>Where in an action for work and materials furnished, the copies of books referred to in the statement show nothing substantial, but mere dates and figures, largely unintelligible, and not giving the defendant any informartion as to what he is charged with having received, the defendant is not required to file an affidavit of defense; but if he does and the affidavit is itself defective, judgment will not be entered against him.</p>