Barr v. McGary

Citations

• 131 Pa. 401
• 19 A. 45
• 1890 Pa. LEXIS 1126

Syllabus

<p>[To be reported.]</p> <p>1. Under the procedure act of May 25,1887, P. L. 271, the plaintiff in any action of assumpsit, upon complying with the provisions of the act respecting the filing and service of his statement of claim, becomes entitled to require an affidavit of defence, and to have judgment if the affidavit filed sets out an insufficient defence.</p> <p>2. To entitle the plaintiff to such judgment, his statement of claim must show the nature and extent of his demand with such clearness and certainty, that, in default of an affidavit of defence, the amount of the judgment to be entered may be liquidated upon the data furnished by the statement itself.</p> <p>(a) The condition of a replevin bond was that the plaintiff should make good his claim to the property, make return thereof if it should be so, adjudged, and comply with the judgment of the court. The statement of claim in a suit upon, the bond averred that the obligor failed to make good his claim, or to return the property, whereby the bond became forfeited:</p> <p>3. Such statement of claim, not showing whether the action of replevin was disposed of or not, and whether any, and if any, what judgment had been entered therein, was not a definite statement of a right to recover a given sum, and was insufficient to warrant a judgment for want of a sufficient affidavit of defence: Pittsb. N. Bank v. Hall, 107 Pa. 583, distinguished.</p>