Gudykunst v. Galloway & Meek

Citations

• 122 Pa. 122
• 15 A. 560
• 1888 Pa. LEXIS 599

Syllabus

<p>1. If in an action against two, a narr and affidavit of claim charge a joint contract, and after return day the record be amended by striking out the name of one of the defendants, judgment may not be taken against the other for want of an affidavit of defence, without notice.</p> <p>2. In a joint suit against a husband and wife, the wife filed an affidavit of defence setting up her coverture. Judgment was then taken against the husband for want of an affidavit of defence, but soon thereafter opened generally. Six years elapsed, when an amendment was made striking the wife’s name from the pleadings, and the same day judgment was again entered against the husband for want of an affidavit of defence: On certiorari, held that the entry of the judgment was erroneous.</p>