Ketcham v. Green

Citations

• 78 Pa. Super. 369
• 1922 Pa. Super. LEXIS 119

Syllabus

<p>Affidavit of defense — Sufficiency—Buie for judgment for want of affidavit of defense — Discharge of rule — Appeal—Act of April 18, 181k, P• L. 6k.</p> <p>The Act of April 18, 1814-, P. L. 64, authorizing an appeal from an order of the court of common pleas, refusing judgment for want of a sufficient affidavit of defense, is applicable to clear cases only. It was not intended to impose on the appellate court the duty of drawing fine distinctions and of compelling it to reach conclusions by subtle processes of reasoning.</p> <p>The ruling of the trial court in cases of this hind will only be disturbed, where the statement of claim and the affidavit of defense raise a pure question of law, and clear error has been committed.</p>