Supreme Court of Pennsylvania, 1792

Rapp ex rel. Seybert v. Elliot

Rapp ex rel. Seybert v. Elliot
Supreme Court of Pennsylvania · Decided September 15, 1792
1 Yeates 185

Rapp ex rel. Seybert v. Elliot

Opinion of the Court

Sed per Cur.

You are now too late; the affidavits should have been filed when you pleaded the dilatory plea. This we take to be the spirit and true intent of the rule, and apprehend to be the practice in England under the stat. 4 and 5 Ann. c. 16, § 11, from which the rule is taken. Vide 3 Burr. 1617. 1 Barnes 257.

Rule made absolute, to set aside the plea, for want of an affidavit.

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