Paist v. Spittall

Citations

• 56 Pa. Super. 408
• 1914 Pa. Super. LEXIS 101

Syllabus

<p>Practice, C. P — Opening judgment — Discretion of court.</p> <p>1. Where judgment is entered for want of an affidavit of defense or plea, and the defendant takes no action until a month after she discovers that judgment had been entered, and not until an execution had issued, and then takes a rule to strike off the judgment which rule is discharged, and afterwards takes a rule to open giving no reason for delay, except that the statement of claim was insufficient to require an affidavit, the discretion of- the court in refusing to open the judgment will not be reviewed by the appellate court.</p> <p>Pleading — Statement of claim — Action by physician — Book account.</p> <p>2. In an action by a physician to recover for professional services a statement of claim is sufficient which avers that the plaintiff rendered services to the defendant to an amount stated as shown by copy of book of original entries attached, that the charges were reasonable and proper, and the copy of the book of account attached shows the number and respective dates of the plaintiff’s professional visits, and the sum charged for each visit.</p>