France v. Ruddiman

Citations

• 126 Pa. 257
• 17 A. 611
• 1889 Pa. LEXIS 865

Syllabus

<p>1. A judgment cannot be stricken off for irregularity unless such irregularity appear upon the record; and depositions taken in the court below upon a rule to open a judgment, do not form a part of the record, and cannot be considered in the Supreme Court.</p> <p>2. Especially is this the case, where judgment has been entered on two returns of nihil to writs of scire facias sur mortgage, and thereafter a third party, a stranger to the mortgage, seeks, on a rule to open that judgment, to set up the alleged coverture of the mortgagor, then deceased, which defence the said mortgagor had never asserted, though she had ample opportunity so to do.'</p>