Johnson v. Royal Insurance

Citations

• 218 Pa. 423
• 67 A. 749
• 1907 Pa. LEXIS 539

Syllabus

<p>Judgment — Setting aside judgment — Record—Opening judgment.</p> <p>A judgment can be set aside or struck off only on the ground of irregularity or invalidity appearing on the face of the record. The court may for sufficient cause under its equitable powers open a judgment, and let the defendant into a defense. The two proceedings are entirely different.</p> <p>No court has power to strike off a judgment regular on its face; and no facts dehors the record will justify a court in setting aside, or striking off a judgment.</p> <p>Judgment — Striking off judgment — Judgment for want of a plea — Acts of May 25,1887, P. L. 271, and April 22,1889, P. L. 41.</p> <p>Where a rule of court adopted under the authority of the Act of April 22, 1889, P. L. 41, provides that a judgment may be entered in an action of assumpsit against a defendant who has failed to plead within fifteen days after the return day, a judgment entered for such default cannot be struck off. The rule of court in no way conflicts with the procedure Act of May 25,, 1887, P. L. 271, which merely provides a system of practice regulating the filing of affidavits of defense, except that it abolishes special pleading.</p> <p>It is error to contend that the defendant has no right to file a plea until the plaintiff has had an opportunity to signify his election as to the affidavit of defense, and that until that time the plaintiff has no right to take judgment in default of the plea.</p>