Thompson v. Donaldson

Citations

• 43 Pa. Super. 585
• 1910 Pa. Super. LEXIS 100

Syllabus

<p>Practice, C. P. — Affidavit of defense — Waiver by plaintiff — Arbitration.</p> <p>1. A party who intends to ask for judgment for the reason that the affidavit of defense is deficient must do so before he has taken any steps in the case, subsequent to the affidavit, calculated to mislead his opponent.</p> <p>2. Where a plaintiff after having filed his statement of claim, enters a rule for arbitration, and the defendant files an affidavit of defense, and thereafter the plaintiff proceeds with the arbitration until an adverse decision is rendered against him by arbitrators, he cannot after such decision, enter a rule upon the defendant for judgment for want of a sufficient affidavit of defense.</p>