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" On a rule for judgment for want of a sufficient affidavit of defense • the court below entered judgment for plaintiff (see opinion filed) for the larger part of his claim. "
The Atlantic Reporter - Page 55
1890
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 105-106

1901 - 2042 pages
...to which the present motion is directed. . (February 7, 1901.) When this case was before the court on a rule for judgment for want of a sufficient affidavit of defense, the question of interest was not discussed at bar, and was therefore left undecided. The respective counsel...
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The York Legal Record, Volume 31

1917 - 258 pages
...Alexander E. Eckles for plaintiff. AC Christiansen for defendant. October 3, 1917. REID, J. — This is a rule for judgment for want of a sufficient affidavit of defense. The action is in replevin.. The facts are all apparent upon the record, and are briefly as follows: Jones-Whitaker...
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The Atlantic Reporter, Volume 70

1908 - 1148 pages
...incumbrances which affect the principal of the grouud rent." This is the only question In the case, and, on a rule for judgment for want of a sufficient affidavit of defense, the court below sustained the contention of the defendant and refused judgment. We need not enter into a discussion...
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Atlantic Reporter, Volume 46

1900 - 1134 pages
...the court to so hold the Judgment as to protect them from a double liability In the premises. Upon a rule for judgment for want of a sufficient affidavit of defense, the court entered Judgment against the said defendants for the full amount of plaintiff's claim, with Interest,...
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Atlantic Reporter, Volume 34

1896 - 1172 pages
...service of the attachment, could be resorted to, to supplement the statement of claim. "On the hearing of a rule for judgment for want of a sufficient affidavit of defense, the court may not go outside of the case as presented by the claim and affidavit, to consider extraneous facts...
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The Atlantic Reporter, Volume 58

1904 - 1132 pages
...'NECESSITY — AFFIDAVIT OF DEFENSE. 1. Where the law of another state is material, it must be proved. 2. On a rule for judgment for want of a sufficient 'affidavit of defense, the affidavit must be accepted as a verity ; and where it sets up that under the laws of another state...
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Atlantic Reporter, Volume 81

1912 - 1164 pages
...Coons, for appellee. POTTER, J. The appellant here alleges that the court below erred In discharging a rule for judgment for want of a sufficient affidavit of defense. The action was assumpsit to recover the amount of a subscription to capital stock. In his affidavit of...
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The Atlantic Reporter, Volume 39

1898 - 1150 pages
...an overdue mortgage debt. The assignments of error relate to the order of court in making absolute a rule for judgment for want of a sufficient affidavit of defense. The grounds of defense presented by the affidavit are (1) that the defendant has begun and is prosecuting...
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Atlantic Reporter, Volume 36

1897 - 1164 pages
...Lambie, for appellants. McClung & Evans, for appellee. FELL, J. This appeal Is from an order discharging a rule for judgment for want of a sufficient affidavit of defense. The action was to recover for the use of a party wall. Prior to 1892, LH Voigt purchased a lot of land...
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Atlantic Reporter, Volume 86

1913 - 1134 pages
...affidavit of defense was filed, in which all liability was denied. Thereupon the plaintiff entered a rule for judgment for want of a sufficient affidavit of defense. "The city of Pittsburgh was on April 5, 1909, and since that date it has been continuously a city of the...
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