Snyder v. Powers
Snyder v. Powers
Opinion of the Court
The Supreme Court affirmed the judgment of the Common Pleas on March 15,1880, in the following opinion, per
- While it may be true that “a lawyer pleading his own
On the real point, namely, whether the defendant paid the interest, quite a* much ability is shown either to avoid setting forth the facts, or else to make an apparently good affidavit without a specific false statement. That he received the requisite notice is not denied. He does not say if he means the legal or equitable plaintiff by “proper plaintiff,” and to-whom the alleged payment of interest in advance was made, and the amount of money paid are facts withheld. The averments “that this deponent paid interest to the plaintiff much in excess of the amount due,” and “that he does not owe any interest at all upon said mortgage to the plaintiff,” constitute-the substance of the affidavit of defence, and are insufficient. It has never been held enough to prevent judgment, to say, I paid.the debt, or, I do not owe the claim.
The learned Judge of the Common Pleas was clearly right in holding the affidavit defective.
Judgment affirmed.
Reference
- Full Case Name
- SNYDER v. POWERS
- Status
- Published