Pierson v. Krause

Citations

• 208 Pa. 115
• 57 A. 348
• 1904 Pa. LEXIS 710

Syllabus

<p>Affidavitof defense — Judgment for part of claim — Failure to adjudicate.</p> <p>Where a rule is taken under the Act of July 15, 1897, P. L. 276, for a judgment for the amount as to which the affidavit of defense is insufficient, the court cannot enter a valid judgment by merely making the rule absolute as to an amount mentioned, without having previously adjudicated the portion or portions of the affidavit of defense deemed insufficient as to the portion of the claim for which judgment is asked.</p> <p>In such a case the practice which ought to commend itself, is an adjudication by the court in its own words as to what portion or portions of the affidavit it adjudges insufficient. This would not in all cases, necessarily involve an opinion, though one, however brief, could hardly ever be out of place as the court’s vindication of its own judgment, and as an aid to the appellate court in determining whether it ought to be affirmed.</p>