Horsuch v. Fry

Citations

• 23 Pa. Super. 509
• 1903 Pa. Super. LEXIS 102

Syllabus

<p>Practice, G. P. — Affidavit—Affidavit by stranger — Sheriff’s interpleader —Sworn answer.</p> <p>When a defendant puts in a stranger’s affidavit it must show upon its face sufficient reason why it was not made by the defendant himself, that a real disability existed which prevented him from making it, and the circumstances giving rise to the disability. This rule, relating to affidavits of defense, is also applicable to the sworn answer required by the rules of court of Allegheny county in sheriff’s interpleader proceedings.</p>