Johnson v. Frothingham

Citations

• 214 Pa. 523
• 63 A. 823
• 1906 Pa. LEXIS 693

Syllabus

<p>Judgment — Opening judgment — Laches—■Arbitration.</p> <p>Where, in an action of assumpsit, judgment has been entered for want of an affidavit of defense after an appeal from an award of arbitrators, and the defendant permits the judgment to remain unattacked for eleven years, during which time it has been twice revived with notice to himself, the court will refuse an application to open the judgment based upon the alleged invalidity of the rule of court permitting the judgment to be entered. Such a judgment is voidable and not void, inasmuch as the court has jurisdiction of the person and of the subject-matter, and it was the duty of the defendant to move within a reasonable time to strike it off, or open it.</p>