Sprissler v. McFetridge

Citations

• 37 Pa. Super. 607
• 1908 Pa. Super. LEXIS 335

Syllabus

<p>Affidavit of defense — Practice, C. P. — Insufficiency of — Omission of essential facts — Physician’s claim — Set-off.</p> <p>An affidavit of defense should set forth fully and fairly facts sufficient to show prima facie a good defense, and if it fails to do so, either from omission of essential facts, or manifest evasion in the mode of statement, it will be insufficient to prevent judgment.</p> <p>In an action by a physician to recover for attendance, where the statement set forth the exact number and the dates of visits and the charge for each visit, an affidavit of defense is insufficient which does not deny that visits had been made on every day specified, but avers that the defendant is uncertain as to the number of days upon which the plaintiff made two visits, and is unwilling-to fix that number, and also avers.that the charges were excessive, unfair and unwarranted. In such a case the defendant should explicitly aver in order to prevent judgment that the number of visits charged were not made, and state how many visits were made, or fix upon a number which she was willing to swear had not been exceeded; and as to the alleged excessive charge distinctly aver that fact, and state what rate had been agreed upon, or, in the absence of any agreement, the usual and ordinary rate for such services.</p> <p>The averments of the set-off in an affidavit of defense must be with the same clearness and particularity that are required of the plaintiff in his statement.</p>