Donoghue v. O'Kane

Citations

• 55 Pa. Super. 11
• 1913 Pa. Super. LEXIS 309

Syllabus

<p>Practice, G. P. — Rules of the court — Affidavit of defense — Supplemental affidavit of defense.</p> <p>1. Under Rule 12 of the rules of court of Allegheny county and under the general practice of the state, a supplemental affidavit of defense may be filed without special leave of court at any time before a rule for judgment is called for argument.</p> <p>2. All doubts as to the proper construction of a rule of court must be resolved in favor of the one adopted by the court below, but where the court below wholly disregards the rule for no apparent reason, the appellate court will uphold and apply it.</p>