Turpsene Mfg. Co. v. Wheeler

Citations

• 62 Pa. Super. 346
• 1916 Pa. Super. LEXIS 420

Syllabus

<p>Judgment — Opening judgment — Amount■ in excess of debt— Practice, C. P.</p> <p>Where the averments of a petition for a rule to open a judgment are to'the effect that judgment was entered for an amount in excess of the debt, and no answer is filed, and no testimony-taken, the court commits reversible error in discharging the rule; and on appeal, the appellate court will direct that the judgment be reversed unless the plaintiff files a remittitur for the sum in excess of the debt.</p>