Taber v. Olmsted

Citations

• 158 Pa. 351
• 27 A. 971
• 1893 Pa. LEXIS 1590

Syllabus

<p>■ Affidavit of (defence — Judgment for amount admitted to be due — Rules of court — Practice.</p> <p>Where there is no standing or general rule of court allowing plaintiff to take judgment and have execution for that part of his claim which was admitted, and to proceed in due legal course for the part which is contest! ed, the court has power to make a special order in the particular case to permit the plaintiff so to do.</p> <p>Defendants admitted a portion of plaintiff’s claim and filed an affidavit of defence to. the balance. Plaintiff moved for judgment for want of a sufficient affidavit of defence, and for leave to enter judgment and issue execution for the amount admitted to be due. The court allowed judgment for the amount admitted, and at the same time granted a rule to show cause why judgment should not be entered for want of a sufficient affidavit of defence.. Execution was entered on the judgment, and del fendant promptly paid the amount to the sheriff. Subsequently the court discharged the rule for judgment on the ground that the proceedings in reference to the admitted part of the claim operated as a satisfaction of the disputed part. Held, to be error.</p>