Holland v. Sunbury Iron Works

Citations

• 9 Pa. Super. 261
• 1899 Pa. Super. LEXIS 19

Syllabus

<p>Appeals — Refusal of judgment for loant of sufficient affidavit.</p> <p>Appeals irom the refusal to enter judgment for want of a sufficient affidavit of defense are intended to reach only clear (jases of error of law and it requires very plain cause of error to sustain such an appeal.</p> <p>A case is properly for the jury and judgment should be refused when there is necessity for a fuller explanation of the relations and obligations of the parties, than the statement and affidavit disclose.</p> <p>Practice, O. P. — Affidavit when required under act o/-1887.</p> <p>The action being assumpsit and founded on an alleg-ed breach of contract, plaintiff is entitled to an affidavit of defense under the act of 1887.</p>