Fischer v. Dalmas

Supreme Court of Pennsylvania

Fischer v. Dalmas

34 A. 435, 173 Pa. 296, 1896 Pa. LEXIS 698

CourtSupreme Court of Pennsylvania

DecidedJanuary 20, 1896

DocketAppeal, No. 325

StatusPublished

Cited by4 cases

This text of 34 A. 435 (Fischer v. Dalmas) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fischer v. Dalmas, 34 A. 435, 173 Pa. 296, 1896 Pa. LEXIS 698 (Pa. 1896).

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Opinion

Opinion by

Mr. Chief Justice Sterrett,

We are not convinced that the learned court erred in refusing to enter judgment against the defendant for want of a sufficient affidavit of defense.

Inasmuch as the case goes back for a jury trial, it is neither necessary nor desirable to discuss the questions presented by the affidavit of defense. If the plaintiff had been disposed to waive his right of appeal to this court and proceed to trial, he might have had his-case finally disposed of long ago.

Appeal dismissed, at plaintiff’s costs, without prejudice, etc.

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