67 Pa. 477 | Pa. | 1871
The opinion of the court was delivered,
We cannot agree in opinion with the learned judge below, that the affidavit of defence in this case was insuffi
It was not necessary, in a positive affidavit like this, to allege that the defendant expects to be able to prove the defence alleged in the affidavit, and especially now, when the affiant himself will be a competent witness on the trial. For these reasons the judgment must be reversed.
Judgment is reversed, and a procedendo is awarded.