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-Anticipation-Demurrer-Damages Judgment for want of an affidavit of de-
return day of the summons defendant was
granted a rule on plaintiff to show cause
which rule provided that all proceedings
should be stayed pending the determination
of the said rule and until ten days after no-
tice to defendant or his attorney of entry
of security, and where the judgment was
-COLT COMPANY V. SHIRK, 5
Practice-Security for costs — Non-
A non-resident plaintiff will not be
tion filed by defendant after action has been
tissue nearly three years and gone to a mo-
tion for judgment on the pleading, been duly
Application for security for costs should
fore issue joined.
Allegation of the mere fact of plaintiff's
that the party "has a just defense against
-LEONARD SEED CO. V. LUSTIG BURGERHOF
service of copy.
Under the provisions of the Practice Act
of 1915, P. L. 463, it is not necessary to
file an affidavit of defense in an action of
in such an action.
If the allegations of fact are not clear
enough to enable the defendant sufficiently
to prepare evidence to meet them at the
325, amending the Practice Act of 1915, a
than 15 days after the
copy of the statement was served on the
defendant or his counsel, is too late to be
A copy of a motion to strike off a plain-
tiff or his counsel.
-PRENTZEL, TRUSTEE V. SNYDER, 25
strike off judgment for want of affidavit tine's statement must be served on the plain-
Practice-Iction against suret Practice, C. P.--Court may postpone
Practice Act of May 14, 1915.
When a question of law in the nature of a
the rights of the parties.
-AMERICAN SURETY COMPANY OF NEW YORK
V. McSPADDEN, 87
witnesses out of the Commonwealth-
The petition for a rule to take depositions
of witnesses outside of the Commonwealth
interrogatories must show that the witnesses
of the Commonwealth, and make
relevancy to the issue in the case, so that
the facts are not disputed.
place of taking the testimony for the pur-
pose of cross-examining the witnesses, is an
clement that the court will consider in de-
!ermining whether such rule should be
-FURBY V. PENNSYLVANIA RAILROAD CO., 89
Plaintiff's statement – Practice – De-
trate-Amendment-Rule to arbitrate-
Acts of June 10, 1836, P. L. 719, May
In an action for commissions as agent for 14, 1815, P. L. 483, and April 10, 1921,
the Act of 1915 applies, although after the
-CROYLE V. GROFF & WOLF CO., 95
Practice, C. P.---Plaintiff's statement
or claim for Goods sold and delivered-Book ac-
count without dates or descriptive items
P. L. 144.
-Affidavit of defense in lieu of demur On scire facias on a municipal lien for the
cost of laying a pavement, the defendant may
set off a claim for damages sustained by rea-
ER, ETC., 158
783—Trespass-Set off-Counter claim.
There is no provision in the Practice Act
of May 14, 1915, P. L. 483, relating to counter
It is true that matters sounding in tort
Plaintiff's motion to amend a statement of
claim in assumpsit, after entering judgment
on the amount admitted to be due in the af-
fidavit of defense, was refused, as he had al-
be allowed to amend his statement and set
his former allegations, but also with his
judgment founded thereon.
An assignee's affidavit a motion to
amend a plaintiff's statement of claim was
tors averred in the statement, and did not
show what means of knowledge he had or
why the plaintiff himself did not make the
-COURY, ETC. V. STANDARD FIRE INSURANCE
If the question of law raised by an affida- forth in the statement; and plaintiff's
-AUTOMOTIVE STORES CORPORATION V.
Suit by fictitious name—Mechanics'
lien Affidavit of defense Practice-
Acts of June 4, 1915, June 28, 1917, and
May 10, 1921.
-TRISSLER ELECTRICAL SHOP V. WRIGHT, 2
claim-Practice, C. P.-Affidavit of de-
-FRITZ ET UX. V. McGEEHAN, 45
Pleading and practice-Rule for more
specific azerments of facts-Judgment
-HERSHEY V. YORK WATER CO., NO. 2, 121
Plaintiff's statements-Need not con-
tain matters of defense-Affidavit raising
Pleading and practice-Administrator
-- Action in trespass—Negligence-Act
aries Act of 1917, P. L. 504, Section 35.
-CONROY V. WEISBROD, 136
Practice-New' trial on court's own
-AMERICAN INSULATION CO., INC. V. BEST, 140
Pleading and practice-Equity-Eject-
ment Title to real estate Foreign
-AMERICAN TRUST CO., V. KAUFMAN, 160
Practice - Plaintiff's statement-Un-
-PENN PAPER STOCK CO. V. YORK PAPER
vit of cause of action.
Landlord and tenant-Duty of land-
lord to repair Practice Set-off or
strike off-Notice to be endorsed-Cop-
14, 1915, P. L. 483.
P. L. 677—Repeal of one Act by another
-PETITION OF WINTON
Replevin --- Affidavit of value - Evi-
In replevin, it was reversible error to ad-
articles replevied, the affidavit which the
plaintiff filed on a precipаe for writ of re-
in an action of replevin is merely to inform
the prothonotary as to the amount of the
-KRELL V. WINGEROT, ET AL. 36
Affidavit of defense -- Pleading and
practice-Repletin Statement of claim
--DIEDRICK V. RUSSELL & CO., ET AL., 55
A court of equity will not enforce the spe-
A rule for judgment for want of a suffici-
where the action was based on an agreement
stallment had been decided in favor of de-
fendant. This was conclusive as to subse-
-HULSMAN V. BROOKLINE DISTRICT NO. 506,
Attorney and client-Purchase of real RESIDENCE.
sumption of residence-Service of pro-
-QUINN V. REED, 91
Pleading and practice-Equity-Eject- ROADS.
Roads: --Terminus at railroad station
-- Necessity for road-ll'idth of road.
A terminus of a public road may be at a
The decision of viewers appointed to view
a proposed public road that there is neces-