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

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.