Miller ex rel. Hart v. Neidzielska

Citations

• 176 Pa. 409
• 35 A. 225
• 1896 Pa. LEXIS 1091

Syllabus

<p>Judgment — Striking off — Practice, O. P.</p> <p>To justify the court in striking a judgment from its records, it should appear that its entry was unauthorized, and that the plaintiff had no right to place it on record as a lien or an adjudication against the defendant.</p> <p>In an amicable action and confession of judgment in ejectment, the defendant presented a petition setting forth that the confession of judgment was only a part of the entire agreement between the parties, and that it had been detached from the rest of the agreement; that upon the whole agreement being produced it would appear that the confession of judgment was only as collateral security for the payment of purchase money; that judgment was to be entered thereon only on the filing of an aflidavit of the plaintiff of default of payment. The rule of court provided that the averments of a petition undenied should be assumed to be true. It was held, (1) that the petition to strike off the judgment not having been denied should be regarded as a part of the record; (2) that the petition disclosed that under the entire contract the plaintiff was not entitled to judgment; (3) that judgment should be stricken off.</p>