Haverford Township School District v. Herzog

Opinion by

Me. Justice Kephart,

In an action in assumpsit, to plaintiff’s statement of claim, defendant filed his affidavit of defense containing a counterclaim and rule to reply. No reply was filed. Defendant had the prothonotary enter judgment against plaintiff for the full amount of the counterclaim. Some four or five years later plaintiff petitioned the court below to strike off the judgment, and it was so ordered. Defendant appeals.

The Practice Act of 1915, section 17, covers the case. This section provides as follows: “In actions of assumpsit the prothonotary may enter judgment for want…