Appeals — Affidavit of defense — Reply to new matter.
When the court below discharges rule for judgment for want of sufficient reply to new matter set up in affidavit of defense, and it appears that the record is confused, and that the case is not clear and free from doubt, the order discharging the rule will be affirmed.
Argued May 9, 1932.
PER CURIAM, June 30, 1932:
This is an action of assumpsit brought to recover an amount alleged to be due the estate of plaintiff's decedent from the estate of Frank C. Bosler, deceased, Hannah Elizabeth Bosler, executrix of the latter estate and the present owner of real estate formerly belonging to her decedent, being joined as individual defendant.
The record shows that both parties experienced difficulty in presenting their claims and answers with conciseness, brevity and accuracy, and that the court below displayed great patience with their failure to do so, refusing, since both were at fault, to allow advantages to one over the other because of technical defects. We will not discuss the facts presented in the confused record. Obviously, the case is not "clear and free from doubt" and the court below correctly refused to give judgment on the pleadings: Colonial Securities Co. v. Levy, 302 Pa. 329.
The appeal is dismissed.