Good v. Grit Publishing Co.

Citations

• 214 Pa. 614
• 63 A. 1039
• 1906 Pa. LEXIS 708

Syllabus

<p>Practice, C. P. — Striking off action from record — Agreement of party.</p> <p>An action or writ can only be stricken off when irregular, defective, or improper. Thus it is error to strike from the record an action for libel because of an alleged agreement between the parties, where the defendant denies that any such agreement had been made.</p> <p>In an action of trespass for libel where the defendant files a petition for an order to strike off the action on the ground of an alleged agreement that such order should be made, and the plaintiff files an answer denying the existence of such an agreement, the answer must be taken as true until overcome by the testimony of two witnesses, or its equivalent.</p>