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· 3/13/1916

Commonwealth ex rel. George v. McPhilips

Citations

  • 252 Pa. 611
  • 97 A. 927
  • 1916 Pa. LEXIS 670

Syllabus

<p>Practice, O. P. — Assumpsit—Statements of claim — Affidavits of defense — Buie for judgment for want of a sufficient affidavit of defense — Discharge.</p> <p>Where in an action on a sheriff’s interpleader bond, it appeared from the statement of claim and affidavit of defense that the construction of several provisions of the interpleader acts was involved, but where the facts were not stated therein with clearness,, directness or completeness so that the rights of the parties could be satisfactorily determined, the court made no error in discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defense.</p>

Judges: Frazer, Mestrezat, Potter, Stewart, Walling

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