North v. Yorke
Citations
- 174 Pa. 349
- 34 A. 620
- 1896 Pa. LEXIS 887
Syllabus
<p>Judgment — -Striking off judgment.</p> <p>Judgments cannot be legally stricken from the record save for irregularity or illegality.</p> <p>The motion to strike off judgment is essentially a common law proceeding, a short and summary substitute for an audita querela, a writ of error coram nobis, or a certiorari or a writ of error from a superior court, by which the same relief was administered. Being for irregularity apparent on the face of the proceedings, it is in the nature of a demurrer to the record and is not confined to any particular kind of judgments, nor limited as to the time it may be taken advantage of, nor affected by matters dehors the record, except so far as defendant may have put himself in position to be estopped from making the objection.</p> <p>On the sixteenth day after a writ and statement of claim were served on the defendant, judgment by default was entered for want of an affidavit of defense, and the damages liquidated. An appearance was entered for the defendant a week before judgment was entered, but no affidavit of defense was filed until nine days after the entry of judgment. Held, that the court was powerless to strike the judgment from the record, inasmuch as it was not only regular on its face, but perfectly regular and valid in point of fact.</p>
Judges: Fell, Green, McCollum, Mitchell, Sterrett
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16 cases in this archive cite this case.
- Lawrence v. SmithSupreme Court of Pennsylvania· 1906-05-24· cited 21×
- Spiese v. SheeSupreme Court of Pennsylvania· 1915-07-03· cited 16×
- Commonwealth v. FogelmanSuperior Court of Pennsylvania· 1897-02-16· cited 14×
- William Flaccus Oak Leather Co. v. HeasleySuperior Court of Pennsylvania· 1912-05-13· cited 8×
- Products Corp. of America v. Madway Engineers & ConstructorsSuperior Court of Pennsylvania· 1967-09-15· cited 6×
- Penna. Co. for Insurance on Lives & Granting Annuities ex rel. McCarroll v. ShanahanSuperior Court of Pennsylvania· 1899-05-18· cited 4×
- Commonwealth v. BlumbergSuperior Court of Pennsylvania· 1914-04-20· cited 3×
- Treasurer of Division No. 168, A. A. of S. R. E. of A. v. KellerSuperior Court of Pennsylvania· 1903-05-22· cited 2×
- Board of Administrators of the Charity Hospital v. GirardeySupreme Court of Louisiana· 1884-05-15· cited 2×
- Bradshaw Electro Sanitary Odor Co. v. BradshawSuperior Court of Pennsylvania· 1905-01-17· cited 1×
- Bechtel v. Roman Automobile Co.Superior Court of Pennsylvania· 1919-12-08· cited 1×
- Commonwealth v. GardnerBeaver County Court of Common Pleas· 1952-07-01· cited 1×
- Bethlehem Trust Co. v. StraussNorthampton County Court of Common Pleas· 1922-10-16
- Woodring v. Alpha Delta Sigma House Ass'nCentre County Court of Common Pleas· 1930-08-07
- Grone v. Northern Insurance Co.Montour County Court of Common Pleas· 1956-04-07
- Newman v. NaumannMontgomery County Court of Common Pleas· 1955-04-07
Cites
6 cases in this archive are cited by this case.
- Newbold v. PennockSupreme Court of Pennsylvania· 1893-05-08· cited 36×
- Breden v. GillilandSupreme Court of Pennsylvania· 1871-01-03· cited 32×
- O'Hara v. BaumSupreme Court of Pennsylvania· 1876-10-23· cited 32×
- Adams v. GreySupreme Court of Pennsylvania· 1898-04-17· cited 18×
- Allen v. KripsSupreme Court of Pennsylvania· 1888-02-20· cited 16×
- Weigley v. TealSupreme Court of Pennsylvania· 1889-04-15· cited 6×
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