State Trading Corporation v. Addis

Superior Court of Pennsylvania

State Trading Corporation v. Addis

13 A.2d 116, 140 Pa. Super. 64, 1940 Pa. Super. LEXIS 411

CourtSuperior Court of Pennsylvania

DecidedApril 16, 1940

DocketAppeal, 87

StatusPublished

This text of 13 A.2d 116 (State Trading Corporation v. Addis) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Trading Corporation v. Addis, 13 A.2d 116, 140 Pa. Super. 64, 1940 Pa. Super. LEXIS 411 (Pa. Ct. App. 1940).

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Opinion

Pee Cueiam,

This appeal is from an order refusing judgment for want of a sufficient affidavit of defense. Such an order will not be reversed unless the appellate court is free from doubt that the court below erred in refusing judgment. After reading the pleadings and considering the arguments of counsel, we cannot say that plaintiff’s right to summary judgment, on the pleadings and without trial, is sufficiently clear and free from doubt.

Following the usual course, we shall not disturb the order appealed from, nor discuss the merits or the rules of law applicable to the case until an opportunity is had to develop the facts at trial.

Appeal dismissed.

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Pee Cueiam,

This appeal is from an order refusing judgment for want of a sufficient affidavit of defense. Such an order will not be reversed unless the appellate court is free from doubt that the court below erred in refusing judgment. After reading the pleadings and considering the arguments of counsel, we cannot say that plaintiff’s right to summary judgment, on the pleadings and without trial, is sufficiently clear and free from doubt.

Following the usual course, we shall not disturb the order appealed from, nor discuss the merits or the rules of law applicable to the case until an opportunity is had to develop the facts at trial.

Appeal dismissed.

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Bluebook (online)

13 A.2d 116, 140 Pa. Super. 64, 1940 Pa. Super. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-trading-corporation-v-addis-pasuperct-1940.