McFetridge v. Megargee

Citations

• 26 Pa. Super. 501
• 1904 Pa. Super. LEXIS 341

Syllabus

<p>Affidavit of defense — Set-off—Practice, C. P.</p> <p>Allegations of set-off in general terms in an affidavit of defense are not to be regarded; the averments must be as specific as those used in a statement of claim. The defendant in respect to a claim of set-off is the actor, he has the affirmative of the issue and must aver his set-off in terms incapable of being misunderstood. Failure to file an affidavit, specific and precise as to source, character and amount must result in judgment being entered against him.</p> <p>Practice, G. P. — Argument lists — Judgment.</p> <p>Where a defendant is allowed until after December 30 to file a supplemental affidavit ,of defense, and the case is placed on the current motion list for January 4, and is continued with notice to defendant, by special order until January 11, and on that day no supplemental affidavit having been filed, judgment is entered for want of a sufficient affidavit of defense, the defendant 'cannot complain of the entry of the judgment as premature, because members of the bar had been notified that “undisposed of cases upon prior current motion lists” would be called for argument on January 18.'</p>