Norfolk & Western Railway Co. v. Swift & Co.

Citations

• 59 Pa. Super. 603
• 1915 Pa. Super. LEXIS 126

Syllabus

<p>Practice, C. P. — Affidavit of defense — Supplemental affidavit — Appeals —Reversal—Judgment.</p> <p>1. The provision of the Act of April 18,1874, P. L. 64, that judgment shall be entered'for the plaintiff where the refusal of judgment for want of a sufficient affidavit of defense has been reversed by the appellate court unless “other legal or equitable cause” shall be shown, means a cause which did not exist when the affidavit of defense was filed, or, if it did exist, the defendant was ignorant of it through no fault of his own.</p> <p>2. In such a ease, where the defendant after reversal, files without leave of court a supplemental affidavit of defense, averring a fact, the existence of which was perfectly well known to him at the time the original affidavit was filed, and the court below discharges a rule for judgment, the appellate court will again reverse the judgment, but in doing so will again have to order that judgment shall be entered for plaintiff, “unless other legal or equitable cause” shall be shown, why judgment should not be so entered.</p>