Hutzell v. Ruane

Citations

• 249 Pa. 50
• 94 A. 439
• 1915 Pa. LEXIS 672

Syllabus

<p>. Practice, O. P.—Affidavits of defense—Affidavits by executors— Pules of court.</p> <p>Where the rules of court provide that an affidavit of defense made by persons sued in a representative capacity need only state the facts admitted to be true and that the affiant “believes there is a full and legal defense to the remainder,” an affidavit of defense made by an executor in compliance with this rule is sufficient to prevent judgment, notwithstanding the allegations in the statement of claim, from which the inference could be drawn that the executor had made a new promise after the death of decedent where there was no averment of any consideration for such promise.</p>