Commonwealth v. Amantea

Citations

• 57 Pa. Super. 562
• 1914 Pa. Super. LEXIS 236

Syllabus

<p>Affidavit of defense — Suit on appeal bond — Insufficient affidavit.</p> <p>In an action upon an appeal bond, where the surety sets up as a defense that the plaintiff had had the means of satisfaction of his judgment out of the real estate of the principal in the bond, potentially in his hands, an affidavit of defense is insufficient which merely avers that the plaintiff at the sale under his own execution bid an amount which would have fully satisfied his judgment, but that he had refused to comply with his bid, and that the property had been resold for a much lower sum. Such an affidavit must state the claims which were liens upon the property, the amounts thereof, and the order in which they were entitled to priority of payment.</p>