Johnston, Warner & Co. v. Mann

Citations

• 9 Pa. Super. 251
• 1899 Pa. Super. LEXIS 17

Syllabus

<p>Appeals — Defective affidavit not cured by history of case or argument.</p> <p>■ Where an affidavit is obviously insufficient on its face, its deficiency cannot be supplied before the appellate court by the history of the case or the argument of counsel.</p> <p>• Contract of indemnity — Insufficient affidavit of defense.</p> <p>Suit being on a written contract of indemnity, the plaintiff averring payment, under execution, of the obligation covered by the. contract; an affidavit to the effect that the execution was issued without notice to the defendant, the indemnitor, and was in conflict with a previously made agreement, is insufficient.</p>