Adams v. Grey

Citations

• 154 Pa. 258

Syllabus

<p>Married women — Contracts—Judgment—Act of June 3, 1887.</p> <p>The rights and liabilities of married women in this state have been greatly changed and enlarged by the act of June 3, 1887. The authorities which were applicable to questions arising before the passage of that act are inapplicable now. The judgment of a married woman which was then presumably void is now presumably valid. It is no longer necessary to such validity to set out on the record the facts which before the act were necessary to the validity.of the judgment.</p> <p>Opening and striking off judgments — Practice, C. P.</p> <p>A judgment entered against a married woman was regular on its face, nothing appearing on the record even to show-that defendant was a married woman. On a rule to open judgment it appeared that defendant was a married woman and that the note on which judgment was entered was in part payment of furniture and household effects sold and delivered by plaintiff to defendant. A rule was also entered to strike off the judgment. The court made absolute the latter rule. Held, to be error.</p> <p>A motion to set aside or strike off a judgment must be on the ground'of irregularity appearing on the face of the record; a motion to open is an appeal to the equitable power of the court to let the defendant into a defence. There was nothing in this case to justify either striking off or opening the judgment.</p> <p>Contract■ — Immoral consideration — Executed contract.</p> <p>That part of the consideration of a contract is immoral cannot be set up as a defence to a judgment confessed, after the contract has been executed by delivery of goods representing the legal part of the contract.</p>