Kellett v. Freeman

Citations

• 19 Pa. Super. 155
• 1902 Pa. Super. LEXIS 51

Syllabus

<p>Practice, O. P. — Judgment—Opening judgment — Affidavit of defense.</p> <p>Where the court makes absolute a rule for judgment for want of a sufficient affidavit of defense, and before the judgment is actually entered a rule to open the judgment is granted, to which an answer is filed, and on the same day a supplemental affidavit of defense is filed, and all this is done in the same term, the later proceeding is rather in the nature of, and is to be governed by the rule relating to a motion for leave to file an additional affidavit of defense than one to opon a judgment, notwithstanding plaintiff’s answer to the rule to open; and if the amended affidavit sets forth a good defense, an order making absolute the rule to open the judgment will not be reversed.</p> <p>Payment — Equity—Set-of.</p> <p>Where payments have been made under a legitimate and fair effort to protect the ascertained interests of the party paying and when intervening rights are not legally jeopardized or defeated, such payments, whatever might be their effect in law as extinguishing the indebtedness to which they apply, will not be so regarded in equity, if contrary to equity to regard them so.</p>