Garis v. Fish

Citations

• 133 Pa. 555
• 19 A. 561
• 1890 Pa. LEXIS 934

Syllabus

<p>1. Where an order of the court below refusing a rule for judgment for want of a sufficient affidavit of defence is assigned for error, inasmuch as the plaintiff may yet submit his cause to a jury, with a fair chance of a verdict if he is entitled to it, the order of the court will not be reversed where the plaintiff’s right to judgment, as shown by the ease presented, is not clear.</p> <p>2. A judgment against a husband is not notice of any defect in his wife’s title to land; and, upon a scire facias to revive the judgment against a purchaser from the wife, an averment of the statement of claim that there was in the husband “ a legal ownership ” of the land, is not such an averment of a fraudulent holding by the wife as to require a denial of such a holding in the affidavit of defence.</p>