Doherty ex rel. Morris v. Ross

Per Curiam,

This is an appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense. In view of the matters contained in the affidavit of defense, and of the various questions which are raised thereby, we would deem it serious error to make the rule absolute. The plaintiff will have ample opportunity to present his views to the court and jury on the trial.

Order affirmed and appeal dismissed at the cost of the appellant.