Mathers v. Verna
Mathers v. Verna
Opinion of the Court
βAn 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:β Sprissler v. McFetridge, 37 Pa. Superior Ct. 607. This well settled principle is applicable to the present case, as is clearly shown by the opinion of the learned judge of the common pleas.
1. Presumably, in the absence of averment to the contrary, it was within the power of the defendant to specify the number, dates and weights of the deliveries of coal that he alleges he weighed. Failing to do this, his affidavit is fatally defective so far as it sets up a defense as to any particular deliveries.
2. It is apparent that the averment that all of the deliveries mentioned in the statement of claim were short in
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.