100 Pa. Super. 76 | Pa. Super. Ct. | 1930
Argued October 6, 1930.
Under the Practice Act of 1915, P.L. 483, and its amendments, judgment may not be entered for want of a sufficient affidavit of defense in an action of trespass: Smith v. Wertheimer,
To avoid a second error on the trial we will state that the facts set forth in the affidavit of defense filed presented a good defense to the plaintiff's action, and if established to the satisfaction of the jury will entitle defendants to a verdict.
The affidavit clearly averred facts which were lacking in the case of Vollmer v. Newburger,
The judgment is reversed with a procedendo.