Mayer v. Brimmer

Citations

• 15 Pa. Super. 451
• 1900 Pa. Super. LEXIS 377

Syllabus

<p>Voidable judgment — Expiration of time of appeal — Motion to strike off.</p> <p>If a judgment be erroneously entered by a court having jurisdiction of the person and. subject-matter, it is voidable and not void; and an order refusing to strike it from the record on a motion made after the time allowed for an appeal has expired, will not be reversed by the appellate court. Clarion, etc., R. R. Co. v. Hamilton, 127 Pa. 1, followed.</p> <p>Practice, Superior Court — Appeals-^-Act of 1891.</p> <p>The Act of May 20,1891, P. L. 101, was not intended to give a party aggrieved by a judgment obtained in an adverse proceeding, which at the worst is only erroneous and not void, two opportunities to obtain a reversal.</p>