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· 11/8/1897

Port Kennedy Slag Works v. William Krause & Sons

Citations

  • 5 Pa. Super. 622
  • 1897 Pa. Super. LEXIS 292

Syllabus

<p>Practice, Q. P. — Scope and scrutiny of supplemental affidavits of defense.</p> <p>Wiiile there is no rule that a supplemental affidavit of defense is to be confined to an explanation of the original and cannot set up new matter, such course is suspicions and requires a new defense to be closely scrutinized, especially when the two affidavits cannot be dovetailed but .are contradictory.</p> <p>Affidavits of defense — Essentials of affidavit.</p> <p>An affidavit of defense is defective which fails to state the facts specifically and with sufficient detail to enable the court to say whether they amount to a defense, and to what extent they amount to a defense, and also to inform the plaintiff with some degree of certainty what will be interposed to defeat his claim.</p>

Judges: Beaver, Orlady, Porter, Reeder, Rice, Smith, Wickham

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