Herbeck v. Kelly

Citations

• 51 Pa. Super. 200
• 1912 Pa. Super. LEXIS 203

Syllabus

<p>Judgment — Improvident entry of judgment — Amendment of statement— Affidavit of defense — Plea.</p> <p>1. Where a defendant files both an affidavit of defense and a plea in obedience to rales taken upon him by the plaintiff, and subsequently the plaintiff amends his statement, and after the expiration of fifteen days from the date of such amendment enters judgment for want of a plea and an affidavit of defense, such judgment is improvidently entered, and will be stricken off by the court.</p> <p>2. A defendant who has pleaded and filed an affidavit of defense is not required to plead again and file an additional affidavit every time the plaintiff chooses to amend his statement of claim.</p>