Philip Haibach Contracting Co. v. Hornung
Philip Haibach Contracting Co. v. Hornung
270 Pa. 350; 113 A. 365; 1921 Pa. LEXIS 389
Philip Haibach Contracting Co. v. Hornung
Opinion of the Court
Per Curiam,
Plaintiff appeals from the dismissal of its rule foi judgment for want of a sufficient affidavit of defense. We have frequently held and recently repeated that unless we can say the action of the court in refusing judgment on rules of this character is clearly erroneous and free from doubt, its order will not be disturbed: Brown et al. v. Unger et al., 269 Pa. 471. Testing the pleadings in this case by that rule we are not convinced the action of the court below should be disturbed.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.