City of Philadelphia v. Coulston

Citations

• 118 Pa. 541
• 12 A. 604
• 1888 Pa. LEXIS 419

Syllabus

<p>1. Whilst it is true, as a general rule, that a judgment, though final, is under the control of the court during the term at which it is entered, and that after that term the court is without power to vacate or strike it off, yet an agreement to treat a judgment as a nullity may be implied from the solemn acts of the parties in their dealings with the court.</p> <p>2. An office judgment was signed for want of a plea. A plea was filed the next day by the defendant, and the same day the plaintiff filed a replication. Subsequently, an agreement was filed that no continuance should be allowed at the instance of the defendant. Afterwards a trial by jury was had, resulting in a verdict for the defendant: Held, that under the facts and circumstances there was a mutual relinquishment of the judgment, and an authorization of the court to vacate it as by consent of parties.</p>