Clarion, M. & P. R. v. Hamilton

Citations

• 127 Pa. 1
• 17 A. 752
• 1889 Pa. LEXIS 1070

Syllabus

<p>1. While an erroneous or voidable judgment cannot be affected by a writ of error not taken within the statutory period, a void judgment is no judgment at all, and the person affected by it has aright to have it stricken from the record, and to a writ of error to the refusal of such an order.</p> <p>2. But if a judgment be erroneously entered for want of an affidavit of defence by a court having jurisdiction of the person and subject matter, it is voidable and not void; and an order refusing to strike it from the record, on a motion made four years after its entry, will not be reversed.</p>