Kyler v. Christman

Citations

• 25 Pa. Super. 74
• 1904 Pa. Super. LEXIS 18

Syllabus

<p>Judgment — Affirmance of judgment — Amount found to be due — Supplemental affidavit of defense — Appeals—Discretion of court.</p> <p>The affirmance of an order discharging rule for judgment for want of a sufficient affidavit of defense with permission to plaintiff to move the court below for judgment for so much of his claim as to which the affidavit is deemed by the appellate court to be insufficient, will not abridge the discretionary power of the court below to permit a supplemental or even a second or third affidavit of defense to be filed by defendant upon prompt application, if it appears probable that the defense is good and the defect merely in the mode of statement.</p>