Bishop v. Goodhart

Citations

• 135 Pa. 374
• 19 A. 1026
• 1890 Pa. LEXIS 1189

Syllabus

<p>1. In a scire facias to revive a judgment, an offer to prove as a set-off an item of indebtedness of the plaintiff to the defendant, is inadmissible, unless followed by evidence that the plaintiff accepted and acknowledged the item as a credit upon the judgment in suit.</p> <p>2. Proof of the declarations of the judgment plaintiff, now deceased, that an indebtedness by him to the defendant should be credited on the judgment, is also inadmissible, when the declarations were made with reference to a long settlement with defendant of accounts embracing the indebtedness referred to.</p> <p>3. Where points for instructions are presented which cannot be affirmed without qualification, but instructions upon the questions raised by them are given in the general charge as favorably to the proponent as ho is entitled to, arefusal to answer the points specifically as requested is not reversible error.</p>