Sutterly v. Fleshman

Citations

• 48 Pa. Super. 619
• 1912 Pa. Super. LEXIS 422

Syllabus

<p>Pleading — Demurrer—Practice—Gambling contract.</p> <p>Where a demurrer is filed to a statement of claim in an action brought under a statute of New Jersey to recover money paid on a wager, and the plaintiff instead of joining in the demurrer amends his statement by leave of court in such a manner as to enable him to base his claim upon the law of Pennsylvania, rather than the law of New Jersey,' the court cannot thereafter enter judgment for the defendant upon the original demurrer. In such a case the proper course for the plaintiff to pursue is to enter a rule upon the defendant to plead or file an affidavit of defense.</p>