Metro Goldwyn Mayer Distg. Corp. v. Shook

Superior Court of Pennsylvania

Metro Goldwyn Mayer Distg. Corp. v. Shook

164 A. 858, 108 Pa. Super. 391, 1933 Pa. Super. LEXIS 200

Superior Court of Pennsylvania·Decided November 22, 1932·No. Appeal 119·Published

Opinion

Opinion by

Parker, J.,

The identical question involved in this appeal was disposed of in the case of R. K. 0. Distributing Corpo *392 ration v. C. A. Shook, in which case an opinion was handed down at this term of court, 108 Pa. Superior Ct. 383. The cases were argued together and presented in one brief.

We are all of the opinion that the judgment entered should be reversed and the record remitted to the lower court for further proceedings, and that an opportunity should be given to the defendant to amend his affidavit of defense.

Judgment of the lower court is reversed with a procedendo.

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Opinion by

Parker, J.,

The identical question involved in this appeal was disposed of in the case of R. K. 0. Distributing Corpo *392 ration v. C. A. Shook, in which case an opinion was handed down at this term of court, 108 Pa. Superior Ct. 383. The cases were argued together and presented in one brief.

We are all of the opinion that the judgment entered should be reversed and the record remitted to the lower court for further proceedings, and that an opportunity should be given to the defendant to amend his affidavit of defense.

Judgment of the lower court is reversed with a procedendo.

Metro Goldwyn Mayer Distg. Corp. v. Shook, 164 A. 858, 108 Pa. Super. 391, 1933 Pa. Super. LEXIS 200 (Pa. Ct. App. 1932).

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Opinion

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