Opinion
October 2, 1930.
November 24, 1930.
Appeals — Judgment for want of sufficient affidavit of defense.
The appellate court will not reverse an order refusing judgment for want of a sufficient affidavit of defense, where it cannot say that it is clear and free from doubt that the court below erred in sending the case to trial.
Argued October 2, 1930.
Before MOSCHZISKER, C. J., FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.
Appeal, No. 169, March T., 1930, by defendant, from order of C. P. Allegheny Co., Oct. T., 1929, No. 3991, refusing judgment for want of sufficient affidavit of defense, in case of Matthew H. Taggart, insurance commissioner of Pennsylvania, statutory liquidator of Republic Casualty Co., dissolved, v. Joseph W. Ward also known as J. W. Ward. Affirmed.
Rule for judgment for want of sufficient affidavit of defense. Before MOORE, J.
The opinion of the Supreme Court states the facts.
Rule discharged. Plaintiff appealed.
Error assigned, inter alia, was order, quoting record.
C. A. Fagan, Jr., of Fagan, Dillon Fagan, with him Robert E. Lamberton, of Lamberton Moffett, for appellant.
J. Roy Dickie, of Dickie, Kier McCamey, for appellee.
This is an appeal from an order refusing judgment for want of a sufficient affidavit of defense; since we cannot say that it is "clear and free from doubt" that the court below erred in sending this case to trial, we shall not disturb the order appealed from, nor shall we discuss or determine the applicable rules of law or the merits of the case until the facts are more fully developed: Kaster v. Pennsylvania Fuel Supply Co., 300 Pa. 52.
The order is affirmed.