Radcliffe v. Herbst

Citations

• 135 Pa. 568
• 19 A. 1029
• 1890 Pa. LEXIS 1221

Syllabus

<p>1. Upon an appeal, etc., to the Supreme Court, from an order refusing a motion for judgment for want of a sufficient affidavit of defence, authorized by the act of April 18, 1874, P. L. 64, such order must be affirmed, unless plain error of law is made to appear in it: Griffith v. Sitgreaves, 81* Pa. 378.</p> <p>2. The effect of the growing practice of bringing up cases for review, upon refusals to enter such judgments, where the writs are not confined to plain errors of law as they should be, is to delay instead of speeding causes, and to add materially to the expenses of the parties litigant: Pér Mr. Chief Justice Paxson.</p>