Supreme Court of Pennsylvania, 1914

Stephens-Adamson Manufacturing Co. v. Armstrong

Stephens-Adamson Manufacturing Co. v. Armstrong
Supreme Court of Pennsylvania · Decided May 22, 1914 · Brown, Elkin, Fell, Moschzisker, Stewart
245 Pa. 552; 91 A. 924; 1914 Pa. LEXIS 916

Stephens-Adamson Manufacturing Co. v. Armstrong

Opinion of the Court

Per Curiam,

The statement of the question involved is “Did the plaintiff waive its right to move for judgment for want of a sufficient affidavit of defense by entering a rule on the defendant to plead, and plea filed in pursuance thereof?” This question has been decided adversely to the appellant in the recent case of Dreifus v. Logan Iron Co., 245 Pa. 196. It is the only question on which the appellant is entitled to be heard. Lincoln v. Wakefield, 237 Pa. 97; Felin v. Philadelphia, 241 Pa. 164, and cases there cited.

The judgment is affirmed.

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