McGiffin v. Swanson Grocery Co.

Citations

• 29 Pa. Super. 431
• 1905 Pa. Super. LEXIS 350

Syllabus

<p>Practice, C. P. — Pleading—Statement of claim — Demurrer—Affidavit of defense — Appeals—Assignments of error.</p> <p>Where on an appeal from a verdict and judgment for defendant, the error assigned is in overruling defendant’s informal demurrer contained in the affidavit of defense to the plaintiff’s statement of claim, the question before the appellate court is not whether the statement viewed in the light of the averments of the affidavit of defense was sufficient to entitle the plaintiff to summary judgment, but whether the statement on its face, set forth with sufficient clearness and conciseness the elements of a good cause of action. If the latter was the case,-the appeal will be affirmed.</p> <p>New trial — Refusal—Discretion of court — Appeals.</p> <p>The refusal of a new trial, where the application is based on the allegation that the absence of the defendant and his counsel at the trial was without fault on their part, is not ground for reversal unless there has been a clear abuse of discretion. If the defendant in his depositions in support of a motion for a new trial simply seeks to show a valid excuse for the default, and makes no attempt to show a meritorious defense, the appellate court will consider that the discretion of the lower court was wisely exercised. ,</p>