Park v. Holmes

Citations

• 147 Pa. 497
• 23 A. 769
• 1892 Pa. LEXIS 879

Syllabus

<p>Replevin — Practice (C. P.) —Amendment—Pefective judgment.</p> <p>In an action of replevin for goods distrained for rent, the jury returned a verdict “ that defendant is entitled to $561 rent in arrears, and that the value of the goods liable to said rent is $300. As to the rest of the goods they find for plaintiff.” Subsequently the following entry was made on the record: “Feb. 2, 1891, jury fee paid (by deft) eo die judgment.” Held, that the verdict contained sufficient to have justified the court in molding it into proper form, but that the judgment itself would not support an execution, inasmuch as it was silent as to the sum for which and the person against whom it was intended to be entered.</p> <p>Practice (Supreme Court) — Amendment of record.</p> <p>In this case the Supreme Court refused to amend the record and mold the judgment to the verdict, because (1) it would have been unfair to the appellant in view of the trouble and expense to which he had been put; (2) because amendments of the record of the common pleas, if necessary, belong more appropriately to that court.</p>