Commonwealth v. Magee

Citations

• 24 Pa. Super. 329
• 1904 Pa. Super. LEXIS 178

Syllabus

<p>Pleading — Statement of claim — Affidavit of defense- — Bond.</p> <p>To entitle a plaintiff to judgment for want of an affidavit or a sufficient affidavit of defense all the essential ingredients of a complete cause of action must affirmatively appear in the statement and the exhibits which are made part thereof; the statement of the demand must be self sustaining; that is to say, it must set forth in clear and concise terms a good cause of action, by which is meant such averments of fact as, if not controverted, would entitle him to a verdict for the amount of his claim.</p> <p>In an action against a surety upon a bond given by an administrator for the sole purpose of securing proper distribution of the proceeds of sale of real estate for the payment of debts, a statement of claim is insufficient to support a summary judgment which fails to aver that an award made by the orphans’ court and claimed by the plaintiff, was a portion of the proceeds of such sale.</p>