Dorian v. First Catholic Slovak Union

Citations

• 51 Pa. Super. 116
• 1912 Pa. Super. LEXIS 188

Syllabus

<p>Judgment — Striking off judgment — Beneficial association — Suit for benefits — Interpleader.</p> <p>1. An order striking off a judgment must be based upon some irregularity appearing upon the face of the record, or fraud, or want of jurisdiction in the court.</p> <p>2. A judgment against a beneficial association for want of an affidavit of defense in a suit for death benefits, will not be stricken off where no irregularity appears on the face of the record, no fraud is alleged, and the only excuse for the default is that the defendant had filed a petition for an interpleader in the orphans’ court for an issue to determine who was the owner of the fund.</p> <p>Judgment — Opening judgment — Beneficial associations.</p> <p>3. When a defendant is seeking to have opened a judgment entered - for want of an affidavit of defense, the burden is upon him to aver facts .which will constitute a defense.</p> <p>4. Even in a case where a defendant asserts that there are rival claimants of the money which he is called upon to pay, he should at least aver facts when he seeks to have a judgment entered in default •of an affidavit of defense opened, which tend to show that the right of the plaintiff to recover is doubtful.</p> <p>5. A judgment entered against a beneficial association for want of an affidavit of defense in a suit by the executor of a deceased member to recover death benefits, will not be opened, where the averments in the statement of claim show a prima facie case in favor of the plaintiff, and there is no denial of them by the defendant, nor any averment by it of any facts, or any provisions of its constitution and by-laws tending to bring the right of the plaintiff to recover into question.</p>