Davidov v. Bail

Citations

• 23 Pa. Super. 579
• 1903 Pa. Super. LEXIS 120

Syllabus

<p>Practice, C. P. — Affidavit of defense — Husband and wife — Necessaries— Book entries.</p> <p>In an action for goods sold and delivered to defendant’s wife, where the statement of claim sets forth the amount alleged to be justly due, that the goods were necessary for defendant’s wife and in accordance with the requirements of her station in life, and that the wife resided with defendant, and the annexed copy of book entries shows the kind and value of the goods and the dates of their delivery, the defendant is bound to file an affidavit of defense, and this is so, although the defendant’s name does not appear in the copy of book entries, and the entries are not in chronological order, and one of the entries is for remodeling a suit for a woman other than the defendant’s wife. In such a case the remodeling of the suit might be for a domestic servant, and in the absence of an affidavit of defence denying the averments of the statement of claim the plaintiff is entitled to judgment.</p>