McCready v. Gans

Citations

• 242 Pa. 364
• 89 A. 459
• 1913 Pa. LEXIS 888

Syllabus

<p>Practice, O. P. — Statement of claim — Demurrer—Judgment— Opening judgment — Amendment—Rehearing—Appeal.</p> <p>1. Where a demurrer to a statement of claim has been sustained and judgment has been entered for the defendant no amendment can be allowed until the judgment has been opened or vacated.</p> <p>2. An application to open or vacate a judgment entered adversely after a hearing or trial must be made before the end of the term at which the judgment is entered.</p> <p>'3. The refusal of an application for a rehearing after judgment has been entered on demurrer in favor of the defendant is not reviewable on appeal.</p> <p>Statements of claim — Defective statements — 0opy of instrument sued upon — Variance—Demurrer.</p> <p>4. A statement of claim alleged that the plaintiffs had executed with the defendants a contract to underwrite an issue of bonds of a railway company and that a copy of such contract was attached to the statement. It appeared from such copy that the contract should not be binding on any signer until bonds in the sum of $565,000 had been subscribed for and that the defendants had signed as subscribers; but the copy did not show any signatures except those of the defendants, who had not subscribed for the whole issue. It further appeared that the copy of the contract attached to the statement was incomplete. The statement did not show performance or such action by the plaintiffs under the contract as would sustain the right of action. The court sustained defendants’ demurrer to the statement and entered judgment for the defendants, and subsequently dismissed plaintiffs’ petition for a rehearing and the right to amend the statement. Held, no error.</p>