1 Grant 202
Decided October 22, 1855
Supreme Court of Pennsylvania · decided 1855-10-22
This was a scire facias by defendant in error, to revive and continue the lien of a judgment, to which defendant below pleaded, “ payment, with leave to add and alter;” and subsequently added, “the plea of discharge in bankruptcy.” When the case was on trial, and plaintiff had given the judgment in evidence, and rested, the defendant offered a certificate, authenticated under seal of the District Court of the United States, Western District of Pennsylvania, of a proceeding…
Decided 1855-10-22
¶1The opinion was delivered
¶2— Where there is no rule of court to the contrary, a short plea is good, even of bankruptcy, unless the plain*204tiff gives notice that a plea at length is required.'' At all events, it cannot be treated as a nullity, and the^ evidence to prove it excluded as irrelevant.
¶3The principle illustrated in Richards v. Nixon, 20 Stat. R. 19, shows fully enough that the amendment ought to have been allowed.
¶4Judgment reversed, and new trial awarded, and record remitted.