Benkard v. Clements

decided that the first objection was fatal, but Pettit, President, and Jones, X, gave no opinion as to the latter objection. Stroud, J., thought the grammatical construction of the act, required no part of what the plaintiff’s affidavit was to contain to be sworn to positively, though he stated that in reference to an analogous section of the same act, (section 4,) the Supreme Court in Kevins v. Merrie, 2 Wharton R. 499, had decided otherwise.

Rule absolute.