Appeal of Given

Citations

• 121 Pa. 260
• 15 A. 468
• 1888 Pa. LEXIS 666

Syllabus

<p>1. A court, sitting in equity, has no power upon a proceeding by a formal bill to decree the vacation of a judgment entered in the Common Pleas, although when a proper case is presented it may enjoin the plaintiff from enforcing it by process of execution.</p> <p>2. When a judgment has been entered upon a bond given to obtain the ' discontinuance of a prosecution for forgery, if the defendant has had no day in court, by proceedings upon rule or otherwise, and is not chargeable with laches in setting up Ms defence when he had ojqportunity, the enforcement of the judgment may be restrained by bill in equity, though five years have elapsed since the bond was given.</p> <p>3. But where, pending an appeal from a decree erroneously dismissing such a bill, the complainant therein proceeded by rule and obtained an order opening the judgment to allow Ms defence thereto, if the latter proceedings appear of record the dismissal of the bill will be affirmed.</p>