Johnson v. Smith

Citations

• 158 Pa. 568
• 28 A. 144
• 1893 Pa. LEXIS 1636

Syllabus

<p>Decedents' estates — Affidavit of def ence — Judgment.</p> <p>When a judgment is entered against the personal representative of a decedent in default of a sufficient affidavit of defence, within less than a year after his death, plaintiff should show an unimpeachable record to sustain it.</p> <p>Plaintiff's statement — Affidavit by agent — Rule of court.</p> <p>An action of assumpsit was brought by six plaintiffs. Defendant’s son made an affidavit of defence, in which he averred that his father was so ill and debilitated that he could not attend to business, and could not assist in preparing the affidavit of defence. He also averred on information and belief that his father was not a party to the contract sued upon. Pending a rule for judgment, defendant died, and his executrix, the widow, was substituted. The executrix filed an affidavit of defence, averring on information that she believed that she had a good defence to the whole of plaintiffs’ claim. A rule of court required that plaintiff’s statement should be supported by affidavit. It also provided that affidavit might be made by an agent of the party conusant of the facts. Plaintiff’s statement was sworn to by an agent, but it did not appear that he was conusant of the facts. Held, that it was error to enter judgment for want of a sufficient affidavit of defence.</p>