Goldstein v. Fritzius

Citations

• 41 Pa. Super. 219
• 1909 Pa. Super. LEXIS 34

Syllabus

<p>Practice-, C. P. — Rules of court — Bill of particulars — Judgment—Opening judgment — Appeals.</p> <p>1. Where a rule of court provides that the plaintiff may rule the defendant to furnish him with a bill of particulars of his defense, or in default thereof after twenty days after notice, judgment “may be entered against the defendant,” and the rule further provides that on the trial the defendant shall be confined to the defense he may have set up in the answer to the rule, the plaintiff has no authority to pass upon the sufficiency of the answer filed by the defendant, and, if he thinks it insufficient, to enter a judgment by default. The sufficiency of the answer must be determined by the court.</p> <p>2. Where a petition of a defendant in a judgment prays for the opening or striking off of the judgment, and the court at first grants a rule to strike off, such rule may subsequently be amended by making it a rule to open or strike off.</p> <p>3. In such a case if the court makes absolute the rule to open the judgment, the plaintiff may appeal from the order under the Act of May 20, 1891, P. L. 101.</p>