Aubel Estate v. Noe

Citations

• 72 Pa. Super. 215
• 1919 Pa. Super. LEXIS 286

Syllabus

<p>Opening judgment — Hearing on merits — Waiver of formal defects.</p> <p>Where the defendants, with the record before them, instead of denying jurisdiction and asking that a judgment be stricken off, pray for a rule that the judgment be opened and that they be let into a defense on the merits, they must be held to have waived all mere formal defects in the writ, and the manner of service, and to have submitted to the jurisdiction of the court. They cannot, after testimony has been taken under a rule to open the judgment, ask for a rule to strike ofE the judgment for want of jurisdiction.</p> <p>The refusal to open the judgment will not be reversed, on appeal, where there is no evidence of abuse of judicial discretion.</p>