Windows v. Rudolph

Citations

• 37 Pa. Super. 264
• 1908 Pa. Super. LEXIS 275

Syllabus

<p>Pleading — Statement—Trespass for deceit — Scienter—Trial on merits.</p> <p>Where in an action of trespass for deceit, the statement of claim fails ■ to aver a scienter, and the defendant does not demur, but enters a plea of not guilty, and goes to trial on the merits, and the scienter is then proved although not pleaded, the defendant after a verdict and judgment against him, cannot thereafter object to the insufficiency of the statement.</p> <p>After a trial on the merits, no defect of pleading which might have been raised by a demurrer will be fatal to the judgment, unless it is shown to have injuriously affected the trial.</p>