Bach v. Burke

Citations

• 141 Pa. 649
• 21 A. 779
• 1891 Pa. LEXIS 1116

Syllabus

<p>1. Upon the petition of the defendant in a pending suit, alleging a valid agreement of the plaintiff to discontinue, acquiesced in by his counsel, the Court of Common Pleas has jurisdiction to enforce the discontinuance by rule, but its refusal to make the rule to discontinue absolute cannot be reviewed by the Supreme Court: Wilkins v. Burr, 6 Binn. 889, explained.</p> <p>2. If, in the present case, — the court below filing no opinion, — it was not thought the facts averred in the petition were sufficiently well established to afford safe ground for summary decision on a rule, we see no reason why they may not be pleaded, or given in evidence as an equitable release, under the procedure act of May 25, 1887, P. L. 271: Pei Mr. Justice Mitchell.</p>