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Yentis, Appellant, v. Mills.

Appeals — Refusal of judgment — Affidavit of defense.

An order refusing judgment for want of a sufficient affidavit of defense, will not be reversed where the record does not clearly show plain error of law.

Argued January 4, 1928.

PER CURIAM, January 23, 1928:

The court below refused to enter judgment in favor of plaintiff for want of a sufficient affidavit of defense and this appeal followed. We have repeatedly said that the record must clearly show plain error of law before we will sustain such an appeal (Federal Sales Co. v. Farrell, 264 Pa. 149, 153; Goodrich Rubber Co. v. Motor Tire Corporation, 291 Pa. 185), and this is not a case of that kind.

The order of the court below is affirmed.

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YENTIS v. MILLS
(Jan 23, 1928)