Leiby v. Lutz

Citations

• 224 Pa. 377
• 73 A. 345
• 1909 Pa. LEXIS 799

Syllabus

<p>Affidavit of defense — Practice, C. P. — Act of April 18, 1874, P. L. 64.</p> <p>1. The Act of April 18,1874, P. L. 64, authorizing an appeal from the refusal of the court of common pleas to enter judgment for want of a sufficient affidavit of defense, is intended to reach only clear cases of error in law. In doubtful cases, and especially in those requiring broad inquiry into facts, the matter in controversy should go to a jury.</p> <p>2. In an action brought against two persons as partners for work done where it appears that the action was brought four years after the completion of the work, and that no statement was filed until twenty years after the action was brought, an affidavit of defense made by one of the partners is sufficient to prevent judgment where he avers on information and belief that within six months after the work was done the plaintiff “was settled with and paid in full for all his services,” by the other partner.</p>