Boyle v. Breakwater Co.

Citations

• 239 Pa. 577
• 87 A. 10
• 1913 Pa. LEXIS 610

Syllabus

<p>Practice, G. P. — Pleading—Rule to suppress statement of claim —Affidavit of defense.</p> <p>' T. Where. a defendant -files an affidavit of defense, and this is fqllowed by. a.rule on the-part of the plaintiff for judgment for want of ,a sufficient .affidavit of defense, the defendant has no standing thereafter to petition the court to suppress the statement because it was not concise and contained unnecessary recitals of evidence. The, filing of the affidavit of defense was an abandonment of the defendant’s right to attack the regularity or sufficiency of the statement.</p> <p>2. In such a case where the court below makes an order suppressing the statement, and thereafter discharges the rule for judgment, without argument and without' passing upon the merits of the plaintiff’s claim or the sufficiency of defendant’s affidavit, the appellate court will reverse both orders and award a procedendo, so the parties may take such orderly procedure as they may desire.</p> <p>3. A statement of claim should aver clearly and concisely such facts as, if not successfully controverted, would entitle the plaintiff to a verdict. It should not include immaterial matter or the evidence by which the claim is to be sustained; and it should be as comprehensive, but as brief, as the averments of the material facts will permit. Per Mestrezat, J.</p>