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LEONARD v. MARTLING

378 Pa. 339 (1954)

Leonard, Appellant, v. Martling.

Supreme Court of Pennsylvania.

June 28, 1954.

Attorney(s) appearing for the Case

Daniel B. Michie, Jr., with him William C. Hamilton and Fell & Spalding, for appellant.

Thomas W. Maher, with him Edward Paul Smith, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, June 28, 1954:

We allowed an appeal from the decision of the Superior Court in this case reported in 174 Pa.Super. 206, 100 A.2d 484. The question involves the proper application of Pa. R.C.P. 1030 and 1032 (1) to an action brought in violation of the Act of April 26, 1855, P.L. 308, "for the prevention of Frauds and Perjuries."

The suit is by John J. Leonard, a dentist, against...

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