Shelly v. Kuestner

Citations

• 19 Pa. Super. 219
• 1902 Pa. Super. LEXIS 67

Syllabus

<p>Practice, O. P. — Pleading—Statement—Superfluous averments.</p> <p>The practice of reciting in the statement of claim, the evidence by which the plaintiff expects to establish the essential facts, is not to be commended, but if the defendant in his affidavit of defense refuses to reply to the superfluous matter, and is sustained in his position by the court below, the surplusage in the statement does not injuriously affect him, and, therefore, the defect cannot be taken advantage of after a trial upon the merits.</p> <p>Justice of the peace — Record—Parties.</p> <p>Where a record of a justice of the peace shows that the suit was brought against two persons, that the summons was “served on defendant,” and that both parties appeared, the court has no right to assume on appeal that the second name was added to the magistrate’s record after the affidavit for appeal was made.</p>