Heckman v. Schmeck

Citations

• 35 Pa. Super. 397
• 1908 Pa. Super. LEXIS 51

Syllabus

<p>Costs — Affidavit of defense — Part admitted to be due — Practice, C. P.— Rule of court. ,</p> <p>Where in an action for the price of mules sold and delivered where the defendant’s affidavit of defense avers “that said mules at the time of said sale were not worth more than about two hundred and fifty dollars, which sum he is willing and ready to pay, but no more, ” and at the trial a verdict is rendered for plaintiff in a sum less than $250, the plaintiff will not be liable for the costs under a rule of court which provides that “if no judgment shall have been entered and there be no recovery for more than is admitted to be due by the affidavit, plaintiff shall pay all the costs accruing in the case subsequent to the filing of said affidavit.” In such a case the affidavit does not admit any sum to be due within the meaning of the rule of court.</p>