Blydenstein v. Haseltine

Citations

• 140 Pa. 120
• 21 A. 306
• 1891 Pa. LEXIS 811

Syllabus

<p>(a) Section 5, act of May 25, 1887, P. L. 272, provides that, in assumpsit, judgment may be moved for want of an affidavit of defence, or for want of a sufficient affidavit, for the whole or part of the plaintiff’s claim, as the case may be, in accordance with the present practice:</p> <p>1. Said section recognizes the present practice, under the rules of court in certain counties, whereby the plaintiff may have judgment for the portion of his claim not denied by the affidavit of defence, and afterwards may proceed to trial for that which is denied.</p> <p>2. But, in counties where no such rule exists, if the plaintiff take judgment for the portion of his claim admitted by the affidavit of defence and issue execution therefor, he is not entitled to proceed thereafter to recover the residue of his claim.*</p>