Werner v. Gross
Werner v. Gross
Opinion of the Court
Opinion by
The assignments of error relate to the refusal of the court to dissolve the attachment, and to the order making absolute the rule for judgment for want of a sufficient affidavit of defense. The testimony heard by the. court on the motion to dissolve the attachment has not been brought up, and there is nothing before us but the affidavit upon which the attachment was founded and the petition to dissolve. The affidavit follows the general language of the act, and contains also specific averments of fraud, and it is sufficient to sustain the attachment. As no error appears on the face of the record, and as there is nothing to show an abuse of discretion, the assignment must be overruled : Hall v. Oyster, 168 Pa. 399.
It appears from the plaintiffs’ statement that their claim is based on a book account for the price of goods sold and delivered to the defendant. The defendant in Iris affidavit of defense denies that anything is due, and alleges that in payment of the account he gave the plaintiffs four promissory notes drawn by him to his own order and indorsed by him and by a third party; that the said notes cover the whole of his indebtedness to the plaintiffs, and were received by them in payment, and were outstanding and not due at the time suit was brought.
The first assignment of error is sustained and the judgment is reversed and a procedendo awarded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.