Plunkett v. Hamnett

Citations

• 51 Pa. Super. 98
• 1912 Pa. Super. LEXIS 186

Syllabus

<p>Practice, C. P. — Judgment on demurrer — Final judgment — Amendment of statement — Failure to amend — Effect of appeal.</p> <p>Where, in an action of assumpsit the court makes a short order “demurrer sustained” but allows plaintiff to amend his statement-within ten days, but plaintiff instead of amending, takes an appeal, the affirmance of the decree on such an appeal ends the case; and if, thereafter, the plaintiff amends his statement without further permission of the court, and the defendant in obedience to a rule files an affidavit of defense and a plea in both of which he objects to the further continuance of the case after the decision on the appeal, and a trial results in a verdict and judgment for plaintiff, such verdict and judgment are wholly irregular and illegal, and will be set aside by the appellate court.</p>