City of New Castle v. New Castle Electric Co.

Citations

• 2 Pa. Super. 228
• 1896 Pa. Super. LEXIS 44

Syllabus

<p>Practice, G. P. — Judgment for part of claim.</p> <p>The act of May 31, 1893, P. L. 185, is in derogation of the common law rule that there can be but one judgment in a single suit, and should be strictly construed so as to apply only to the single case where part of a plaintiff’s claim is distinctly admitted to be due and no defense to such part is alleged. Where there is a defense to the whole claim which is obviously good in part and the court cannot enter judgment as-to.the- whole claim, it is not bound to enter judgment for part upon a motion for a judgment for the whole, although the affidavit as to that part presented no sufficient defense.</p> <p>Practice, Super. Gt. — Entry of judgment for part — Order reserving right to proceed for balance.</p> <p>Where a udgment, entered for portion of a plaintiff’s claim, was not the judgment the plaintiff asked for, it ought not to debar him from proceeding for the balance of the claim. Although the judgment for a portion of the claim may have been imnrovidently entered, yet when the defendant does not complain it should be allowed to stand, coupled with an order permitting plaintiff to proceed for the recovery of the balance. Under authority of sec. VIII. of the act of June 24, 1895, P. L. 212, the Superior Court has authority to make such an order.</p>