Pence v. Poet

Supreme Court of Pennsylvania May 18, 1908

Pence v. Poet, 221 Pa. 434 (Pa. 1908)

70 A. 832; 1908 Pa. LEXIS 505

Brown, Fell, Mitchell, Potter, Stewart

Opinion of the Court

Per Curiam,

The plaintiff having had his first rule for judgment discharged merely in order to accelerate the trial, had done nothing to mislead the defendant. The latter then ruled the case out for arbitration. The learned judge below being of opinion that this was done, “ evidently to keep the case off the trial list, ” granted a second rule for judgment. It was within his discretion to do so.

Judgment affirmed.

Reference

Cited By: 1 case
Status: Published
Syllabus: Practice, C. P. — Affidavit of defense — Reinstating rule. Where the plaintiff, in order to accelerate the trial of the case has the court discharge his rule for judgment for want of a sufficient affidavit of defense, and thereafter the defendant rules the case out for arbitration in order to keep it off the trial list, the court may in its discretion grant a second rule for judgment.