Rapp ex rel. Seybert v. Elliot

Supreme Court of Pennsylvania
Rapp ex rel. Seybert v. Elliot, 1 Yeates 185 (Pa. 1792)

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.

Reference

Full Case Name
Elizabeth Rapp for the use of Barbara Seybert against Israel Elliot
Cited By
1 case
Status
Published