Davis v. Fleshman

Citations

• 232 Pa. 409
• 81 A. 412
• 1911 Pa. LEXIS 735

Syllabus

<p>Demurrers — Amendment after demurrer — Failure to except — Appeals.</p> <p>1. If a party, after judgment upon demurrer to pleadings is given against Mm, under leave of court, amends the pleading demurred to, he acquiesces in the judgment upon the demurrer, and will not be permitted to assign it for error in the appellate court; particularly is this so when no exception has been taken.</p> <p>Appeals — Record facts not clear — Sufficiency of affidavit of defense— Discharge of rule for judgment.</p> <p>2. The action of the court below in discharging a rule for judgment for want of a sufficient affidavit of defense will not be held error on appeal where the. facts as shown upon the record are not plain and the appellate court cannot say that the statement of claim and affidavit of defense raise a pure question of law or that, under the peculiar circumstances of the case, the defendant was obliged to furnish a more specific statement of the facts constituting his defense. ■</p>