Coulbourne v. Edelman

Citations

• 70 Pa. Super. 27
• 1918 Pa. Super. LEXIS 160

Syllabus

<p>Practice, C. P. — Municipal Gourt — Affidavit of defense — Counterclaim — Answer.</p> <p>Under the Act of July 12, 1913, P. L. 711, establishing tbe Municipal Court of Philadelphia County, when a plaintiff has in bis statement of claim averred performance of bis contract, an averment in an affidavit of defense that be has failed to perform, is not “new matter,” within tbe meaning of tbe provision of tbe statute requiring tbe filing of an answer by tbe plaintiff within five days after the affidavit of defense was filed.</p>