Pawling v. Chalmers Motor Co.

Citations

• 253 Pa. 416
• 98 A. 621
• 1916 Pa. LEXIS 860

Syllabus

<p>Judgments — Order opening judgment — Subsequent judgment for amount admitted to be due — Practice, Supreme Court — Appeal from order opening judgment — Quashing appeals.</p> <p>Where a judgment entered for want of a sufficient affidavit of defense was opened and judgment was thereafter taken for the amount admitted to be due in a supplemental affidavit of defense, and such judgment was satisfied “without prejudice to the rights of the plaintiff to proceed for the collection of the balance of the claim,” plaintiff’s remedy is to proceed for the collection of what be still claims to be due from tbe defendant, and an appeal from an order opening tbe original judgment will be quashed.</p>