46 Pa. Super. 133 | Pa. Super. Ct. | 1911
Opinion by
The learned court below discharged a rule for judgment for want of a sufficient affidavit of defense and the plaintiff appeals. In the view we take of it the affidavit was sufficient to prevent a summary judgment and the case must proceed regularly to trial and final judgment, from which either party may hereafter appeal. Following the well-settled policy of the appellate courts in such cases, we shall but indicate in the briefest manner possible the reasons for the conclusion we have reached.
On the state of facts set up in the affidavit a summary judgment could have been entered only upon one of two theories, to wit: (a) that when the insured presented her application for revival, tendered the required premiums and procured a favorable report from the medical examiner, the law immediately worked a revival of the
Appeal dismissed at the costs of the appellant but without prejudice, etc.