Mancia v. Marquette National Fire Ins.

Citations

• 280 Pa. 174
• 124 A. 333
• 1924 Pa. LEXIS 485

Syllabus

<p>Appeals — Practice, O. P. — Affidavit of defense — Refusal of judgment.</p> <p>1. An order discharging rule for judgment for want of a sufficient affidavit of defense will not be reversed, unless the action of the lower court in refusing judgment is manifestly wrong, in the sense of being contrary to precedent or established rules of law.</p> <p>Practice, C. P. — Affidavit of defense — Corporation—Improperly executed affidavit — Authority of affiant — Costs—Appeal—Practice —Amended affidavit.</p> <p>2. An affidavit of defense filed by a corporation is fatally defective, where it appears that it was sworn to by an individual without showing his connection with the defendant company, what his agency or authority was, or why an officer of the corporation did not act in the premises.</p> <p>3. On appeal, the defendant will not be allowed to file at bar a corrected affidavit, but the appellate court will remit the record to the court below with direction to enter judgment against defendant for such sum as to right and justice may belong, unless other legal and equitable cause be shown why such judgment should not be entered.</p> <p>4. In such case defendant should be ordered to pay costs to date.</p>