Lawrence v. Smith

Citations

• 215 Pa. 534
• 64 A. 776
• 1906 Pa. LEXIS 840

Syllabus

<p>Judgment — Striking off judgment — Opening judgment — Mortgage—Scire facias.</p> <p>Where the record of a scire facias sur mortgage shows a service upon the defendant, and the entry of a judgment for want of an appearance, the •court cannot by a petition filed by the executors of the defendant, averring the death of the defendant about five months prior to the entry of judgment, strike off the judgment. In such a case, as the judgment is regular upon its face, it cannot be striken off. The proper remedy is a rule to open the judgment.</p> <p>The 'distinction between striking off and opening .a judgment is clear and .absolutely settled. A motion to set aside or to strike off a judgment must be on the ground of irregularity appearing on the face of the record; a motion to open it is an appeal to the equitable power of the court to let the defendant into a defense.</p>