Brown v. Unger

Supreme Court of Pennsylvania February 21, 1921

Brown v. Unger, 269 Pa. 471 (Pa. 1921)

112 A. 531; 1921 Pa. LEXIS 588

Frazer, Moschzisker, Schaefer, Simpson, Walling

Opinion of the Court

Per Curiam,

These two appeals are from orders refusing judgments for want of sufficient affidavits of defense. After reading the pleadings, and considering the able argument of counsel for appellants, we cannot say it is “clear and free from doubt” that the court below erred in refusing judgment; following the usual course pursued in such cases (Wilson v. Bryn Mawr T. Co., 225 Pa. 143), we shall not disturb the orders appealed from; nor shall we discuss the applicable rules of law, till an opportunity is had to fully develop the facts at trial.

The appeals are dismissed.

Reference

Cited By: 16 cases
Status: Published
Syllabus: Appeals — Affidavit of defense — Refusal of judgment — Practioe, Supreme Court. ■ On an appeal from an order discharging rule for judgment for want of a sufficient affidavit of defense, if the appellate court cannot say that it is clear and free from doubt that the court below erred in refusing the judgment, it will not disturb the order, nor will it discuss the applicable rules of law, till an opportunity is had to fully develop the facts at trial.