Shaffer v. Shaffer
This text of 16 A.2d 380 (Shaffer v. Shaffer) 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.
Opinion
Defendants appeal from the refusal of their motion for judgment for want of a sufficient reply to new matter pleaded in their affidavit of defense. At the oral argument we were in some doubt whether the pleadings sufficiently disclosed a case for summary judgment.
After studying the record we have concluded that until the facts are proved we should not attempt to decide the effect of the bankruptcy on the title now sought to be asserted by the plaintiff. This is not a clear case for summary judgment: Erie Trust Co. v. E. L. Assurance Corp., 316 Pa. 473, 476, 175 A. 491.
Order affirmed.
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Cite This Page — Counsel Stack
16 A.2d 380, 340 Pa. 222, 1940 Pa. LEXIS 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaffer-v-shaffer-pa-1940.