Opinion

Philip Haibach Contracting Co. v. Hornung

  • 270 Pa. 350
  • 113 A. 365
  • 1921 Pa. LEXIS 389
Court
Supreme Court of Pennsylvania
Filed
Apr 18, 1921
Status
Published
On the bench
Frazer, Iart, Kepi, Sadler, Simpson, Walling
Cited by
1 cases
Authority
More cited than 78.9%

The opinion

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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