Norris v. Breakwater Co.

Supreme Court of Pennsylvania

Norris v. Breakwater Co.

80 A. 55, 231 Pa. 163, 1911 Pa. LEXIS 809

CourtSupreme Court of Pennsylvania

DecidedMarch 27, 1911

DocketAppeal and certiorari, No. 3

StatusPublished

Cited by1 cases

This text of 80 A. 55 (Norris v. Breakwater Co.) 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

Norris v. Breakwater Co., 80 A. 55, 231 Pa. 163, 1911 Pa. LEXIS 809 (Pa. 1911).

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Opinion

Per Curiam,

The affidavit of defense in this case covers seventeen pages of printed matter in appellant’s paper-book. Judgment was entered against the defendant for its alleged insufficiency. The court below must have had reasons for deeming it insufficient, but what they were we do not know. No specifications of insufficiency were filed by the appellee, and all that we have from the court below is “Rule absolute.” In such a case the reason or reasons [164]*164entertained by the court for holding the affidavit of defense insufficient should be given, and the record is remitted that we may be informed why this affidavit was deemed so. The duty is not ours in the first instance of saying why an affidavit of defense is insufficient. Upon return of the record leave will be granted to move to advance the hearing of the appeal.

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Per Curiam,

The affidavit of defense in this case covers seventeen pages of printed matter in appellant’s paper-book. Judgment was entered against the defendant for its alleged insufficiency. The court below must have had reasons for deeming it insufficient, but what they were we do not know. No specifications of insufficiency were filed by the appellee, and all that we have from the court below is “Rule absolute.” In such a case the reason or reasons [164]*164entertained by the court for holding the affidavit of defense insufficient should be given, and the record is remitted that we may be informed why this affidavit was deemed so. The duty is not ours in the first instance of saying why an affidavit of defense is insufficient. Upon return of the record leave will be granted to move to advance the hearing of the appeal.

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Bluebook (online)

80 A. 55, 231 Pa. 163, 1911 Pa. LEXIS 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norris-v-breakwater-co-pa-1911.

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