Filler v. Harmon, 2 Yeates 280 (Pa. 1798).

Filler v. Harmon, 2 Yeates 280 (Pa. 1798). Cases Citing This Book View Copy Cite

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Andrew Filler against John Harmon

Supreme Court of Pennsylvania.

Mar 15, 1798.

2 Yeates 280

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Mr. Thomas showed by the oath of the plaintiff,, Mr. Leib offered the oath of the defendant,

Published

Sed pro quer.

We cannot receive such counter-affidavit, under the act of assembly, passed 20th March 1724-5. Dall St. Laws, 225. It is analogous to a question of bail, (2 Stra. 1757. 1 Wils. 888. 2 Burr. 2017. 1 Term Rep. 717) in the king’s bench, where when the affidavit of a debt is positive, no contradictory proof is permitted to be given. Neither is it absolutely necessary, though it may be prudent to make such demand in writing under the act.

Motion denied.