Gillespie v. Smith
13 Pa. 65
Pa.
1850
Check Treatment
Per curiam.

The affidavit may be filed at any time, before motion for judgment. Such is the governing principle in the case *67of a rule to plead, or to declare. And it is founded in justice and convenience; for a party, wbo does not enforce his right at the ■ first moment, shows that he has not suffered by delay, and the signing of judgment is not imposed as a penalty. In this case the motion came too late.

Judgment reversed and procedendo awarded.