Superior Court of Pennsylvania, 1909

Bergdoll v. Pitts

Bergdoll v. Pitts
Superior Court of Pennsylvania · Decided December 13, 1909 · Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice
41 Pa. Super. 263; 1909 Pa. Super. LEXIS 46

Bergdoll v. Pitts

Opinion of the Court

Opinion by

Porter, J.,

The affidavit of defense, which in this case the court below *264held to be insufficient, is in all respects similar to that which we have considered in the case of Charles A. Bergdoll, guardian, v. Lillie H. Pitts, in which an opinion has this day been filed, ante, p. 257. We in that case held the affidavit to be insufficient and, for the reasons in that opinion stated, the specifications of error in this appeal are overruled.

The judgment is affirmed and the appeal dismissed.

Henderson and Morrison, JJ., dissent.

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