Connell v. Webb

175 Pa. 52 | Pa. | 1896

Per Curiam,

We are not convinced that the learned court erred in holding tbe averments contained in the affidavit of defense were sufficient to carry the case to a jury.

Inasmuch as the case goes back for trial by jury, it is neither necessary nor desirable at this time to express any opinion as to the merits of the questions intended to be raised by the averments referred to.

Appeal dismissed at plaintiff’s costs, without prejudice, etc.