Shea v. Wells

Citations

• 8 Pa. Super. 511
• 1898 Pa. Super. LEXIS 90

Syllabus

<p>Appeals — Review of discretion in refusing judgment for part of claim.</p> <p>The act o£ 1874, allowing a writ o£ error from an interlocutoi’y order refusing judgment for want of a sufficient affidavit of defense was intended to reach only clear eases of error in law, and thus prevent the delay of a trial. A fortiori should this be the rule on appeals from the refusal to enter judgment for part of the demand (assuming that the statute allows such appeals, a point not decided) and the plaintiff has the security of a lien.</p> <p>Practice, O. P. — Motion for judgment for part of claim.</p> <p>Where a plaintiff moves'for judgment for part of his demand under the Act of July 15, 1897, P. L. 276, good practice requires him to specify the part as to which he claims the affidavit of defense to be insufficient and to set this forth in the rule to show cause.</p>