BARNETT v. ROSS

Practice — Non pros. — Insufficient statement of claim stricken off — Failure to file new statement.

1. A judgment of non pros. is properly entered where an insufficient statement of claim has been stricken off and the plaintiff refuses to file a more specific statement. [510-13]

Pleadings — Averments — Action against Fiduciary.

2. A statement of claim in a suit against an alleged fiduciary is insufficient which does not state with certainty how the fiduciary relation arose, the exact nature of it, and how it was breached. [511]

3. The rule that a fiduciary must explain and justify transactions in which he may have advantaged himself at the expense of the beneficiary is a rule of evidence rather than one of pleading. [512]

Argued January 4, 1939.

PER CURIAM, January 30, 1939:

The statement of claim in this case was clearly insufficient. The judgment of non pros. is affirmed on the opinion of President Judge BOK in the court below.

Judgment affirmed.