Hamborsky v. Magyar Presbyterian Church

Citations

• 78 Pa. Super. 519
• 1922 Pa. Super. LEXIS 152

Syllabus

<p>Practice, O. P. — Judgments—Rule to strike off — Rule to open.</p> <p>1. A rule to strike off a judgment is a common law proceeding, raising questions of irregularity or insufficiency apparent upon tbe face of tbe record. A rule to open judgment is an equitable proceeding. Tbe two are not interchangeable, and, where tbe parties do not consent thereto, one cannot be substituted for the other by tbe court.</p> <p>Judgments — Confession by corporation — Instrument not under seal — Signature by vice-president — Rule to strike off.</p> <p>2. Judgment entered upon an informal writing, purporting to be a confession of judgment against a corporation with waiver, etc., should be stricken off as being irregular upon its face, where an inspection of the instrument shows that it does not bear the corporate seal, and that it was signed by the vice-president, without any apparent authority to act for the corporation.</p>