Hostetter ex rel. Schools v. United Brethren Mutual Aid Society

Supreme Court of Pennsylvania

Hostetter ex rel. Schools v. United Brethren Mutual Aid Society

31 A. 333, 166 Pa. 636, 1895 Pa. LEXIS 1265

CourtSupreme Court of Pennsylvania

DecidedMarch 11, 1895

DocketAppeal, No. 249

StatusPublished

This text of 31 A. 333 (Hostetter ex rel. Schools v. United Brethren Mutual Aid Society) 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

Hostetter ex rel. Schools v. United Brethren Mutual Aid Society, 31 A. 333, 166 Pa. 636, 1895 Pa. LEXIS 1265 (Pa. 1895).

Pincite

Opinion

Per Curiam,

This is very clearly not a case in which judgment can be taken for want of a sufficient affidavit of defence. The plaintiff’s statement sets out a cause of action founded upon a number of papers and upon numerous facts in pais extrinsic to the papers, and upon alleged violations of contract stipulations. The affidavit of defence denies all liability under the papers, denies all violation of contract stipulations, and alleges violations of contract obligations by the plaintiff. Important questions of fact are raised which can only be determined by the verdict of a jury-

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam,

This is very clearly not a case in which judgment can be taken for want of a sufficient affidavit of defence. The plaintiff’s statement sets out a cause of action founded upon a number of papers and upon numerous facts in pais extrinsic to the papers, and upon alleged violations of contract stipulations. The affidavit of defence denies all liability under the papers, denies all violation of contract stipulations, and alleges violations of contract obligations by the plaintiff. Important questions of fact are raised which can only be determined by the verdict of a jury-

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

31 A. 333, 166 Pa. 636, 1895 Pa. LEXIS 1265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hostetter-ex-rel-schools-v-united-brethren-mutual-aid-society-pa-1895.