Shifferstine v. Sitler

Citations

• 264 Pa. 290
• 107 A. 686
• 1919 Pa. LEXIS 638

Syllabus

<p>Practice, O. P. — Summary judgment — Affidavit of defense in nature of demurrer — Allowance of supplemental affidavit of defense —Act of May Uf, 1915, P. L. 183.</p> <p>Where an affidavit of defense makes no denial of the facts contained in the statement of claim, but simply raises questions of law, the court cannot, on finding the questions of law in favor of the plaintiff, enter a summary judgment in his favor, but must give the defendant an opportunity to file a supplemental affidavit of defense to the averments of facts of the statement, in accordance with the provisions of the Act of May 14, 1915, P. L.,483.</p>