Joseph Schlitz Brewing Co. v. Rosenbluth

Citations

• 33 Pa. Super. 303
• 1907 Pa. Super. LEXIS 286

Syllabus

<p>Practice, C. P. — Affidavit of defense — Set-off.</p> <p>An affidavit of defense should set forth fairly and fully facts sufficient to show prima facie, a good defense, and if it fails to do so, either from omission of essential facts, or manifest evasiveness in the mode of statement, it will be insufficient to prevent judgment. But if not deficient in either of these respects, and on its face fairly sets forth a prima facie defense, it is not to be subjected to close technical examination as if it was a special plea demurred to. Its office is to prevent a summary judgment and for that purpose a showing of a defense with certainty, to a common intent is sufficient.</p> <p>The act allowing an appeal from a refusal of judgment for want of a sufficient affidavit of defense was intended to reach only clear cases of error of law, so as to prevent the delay of a trial, and in doubtful cases, especially those requiring a broad inquiry into the facts, where the court refuses judgment, the matter in controversy should go to the jury under proper instructions from the court.</p> <p>An affidavit of defense setting up a set-off will not be deemed insufficient because the exact amount of the set-off is not stated, where it appears that the amount is positively asserted to be greater than the balance claimed.</p>