Supreme Court of Pennsylvania, 1927

Philadelphia v. Merchant & Evans Co.

Philadelphia v. Merchant & Evans Co.
Supreme Court of Pennsylvania · Decided April 19, 1927 · Moschziskkr, Frazer, Walling, Simpson, Kephart, Sadler, Schafeer
137 A. 926; 289 Pa. 578; 1927 Pa. LEXIS 602

Philadelphia v. Merchant & Evans Co.

Opinion of the Court

Per Curiam,

The court below refused to enter judgment for want of a sufficient affidavit of defense, and plaintiff has appealed. Without expressing or intimating any view on the several questions argued in the briefs, it is enough to say that this ease falls within the rule that we do not reverse on appeals from orders such as the one now before us unless the action of the court below clearly appears to be based on a plain error of law; we cannot say this of the present order.

The appeal is dismissed.

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