Mellon v. Sawyer

Citations

• 31 Pa. Super. 416
• 1906 Pa. Super. LEXIS 230

Syllabus

<p>Judgment — Revival of judgment — Record—Justice of the peace — Jurisdiction.</p> <p>On a seire facias to revive a judgment of a justice of the peace, where it appears from the record that the defendant did not appear at the hearing when the original judgment was entered against him, and the record of the justice óf the peace is sufficient to support his jurisdiction, the defendant will not be permitted to prove matters dehors the record which would oust the jurisdiction of.the justice.</p> <p>The plaintiff in the scire facias must produce the record of the judgment oh which his action rests. If, upon an inspection of that record, it appears, from the nature of the proceeding or otherwise, that the court or magistrate entering the judgment was without jurisdiction, the action must fail. If, however, it becomes necessary for the defendant, in order to make the lack of jurisdiction apparent, to supplement the record by the proof of any facts, he, in turn, must fail, because such facts could have been shown in the original proceeding, and having failed to show them at the proper time, no principle of justice requires that he be permitted to show them after-wards.</p>