63 Pa. 178 | Pa. | 1870
The opinion of the court was delivered, July 7th 1870, by
If we had 'more doubt than we have, as to the meaning of the rules under which the judgment for the amount admitted to be due in this case was entered, we should hesitate to overturn the construction which has been given to them by the. court below, and to disturb the practice which has prevailed under it for so long a period. Each court is the best judge of its own rules, and, as we have often said, we will not reverse for any construction given to them that is not palpably erroneous. ■ It is true that the rules, under which the judgment was entered, do not, in express terms, authorize the plaintiff to take judgment for the amount admitted to be due, and to proceed to issue and trial for the residue of his claim; but this has been the construction given to them by the District Court, and the practice has been in conformity therewith. The case of McKinney v. Mitchell, cited in
Judgment affirmed.