Stephens-Adamson Manufacturing Co. v. Armstrong
Supreme Court of Pennsylvania
Stephens-Adamson Manufacturing Co. v. Armstrong, 245 Pa. 552 (Pa. 1914)
91 A. 924; 1914 Pa. LEXIS 916
Brown, Elkin, Fell, Moschzisker, Stewart
Stephens-Adamson Manufacturing Co. v. Armstrong
Opinion of the Court
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.
Reference
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- Stephens-Adamson Manufacturing Company v. Armstrong
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- 2 cases
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- Syllabus
- Pleadings, O. P. — Motion for judgment for want of a sufficient affidavit of defense — Waiver of right. The right of a plaintiff to move for judgment for want of a sufficient affidavit of defense is not waived by the entry of a rule on the defendant to file an affidavit of defense and to plead under a rule of court requiring said rules to be taken simultaneously when a statement of claim is filed and the filing of a plea in pursuance thereof.