Fox Chase Bank v. Wayne Junction Trust Co.

Citations

• 250 Pa. 223
• 95 A. 422
• 1915 Pa. LEXIS 932

Syllabus

<p>Practice, Supreme Court — Assignments of error — Quoting order of court.</p> <p>1. An assignment of error which alleges that the court erred in discharging a rule for judgment, without setting out in terms the order of the court, is not in proper form, and upon motion the appeal will he quashed.</p> <p>Affidavits of defense — Insufficient averments — Buie for judgment — Practice, C. P.</p> <p>2. Upon an appeal from the action of the court below in discharging a rule for judgment for want of a sufficient affidavit of defense, the judgment will not be reversed where it appears that there are several important questions in the case, some of which at least can be more intelligently ruled after testimony has been heard, and that the merits of the case can better be determined after the facts have been fully developed before the court and jury.</p>