Teller v. Sommer

18 A. 1071, 132 Pa. 33, 1890 Pa. LEXIS 763

Opinion

Per Curiam:

There was no error in refusing to enter judgment against defendant for want of a sufficient affidavit of defence. Assuming, as we must, for the present that the facts averred in the affidavit of defence are true, they are sufficient to entitle the defendant to a jury trial.

Appeal dismissed at the costs of the plaintiff, but without prejudice to his right to trial by jury, etc.