Jacoby v. Providence Washington Insurance

Citations

• 10 Pa. Super. 185
• 1899 Pa. Super. LEXIS 257

Syllabus

<p>Practice, G. P. — Penial by affidavit of material averments, under rule of court — Evidence.</p> <p>Where a rule of court exists which requires that essential averments of facts set forth in plaintiff’s statement shall either be denied by affidavit or taken as admitted, the issue is defined by the pleadings and defendant, .on the trial of the case, must confine his evidence to the issue raised by them. The rule of court gives to every undenied material averment the force of an admission.</p> <p>The statement and affidavit may be offered in evidence by the plaintiff in proof of his case and the defendant’s evidence will be confined to such points as he may have denied in his affidavit.</p> <p>Under the facts of this case the court refused to impose the penalty provided by the 21st section of the Act of May 19, 1897, P. L. 67, intended for those who sue out an appeal merely for delay.</p>