Pennsylvania Stave Co.'s Appeal
Citations
- 225 Pa. 178
- 73 A. 1107
- 1909 Pa. LEXIS 628
Syllabus
<p>Judgments — Setting aside judgments — Expiration of term — Equitable relief — -Ignorance of the law.</p> <p>1. Judgments by confession or upon default remain indefinitely within the control of the court, and upon proper cause shown may be opened up or vacated at any time; but not so with respect to judgments obtained adversely. The power committed to the discretion of the court with respect to the latter ends with the expiration of the term at which the judgment was entered, unless there are equitable grounds for interference. Ignorance of the law, however, is not a ground for equitable relief.</p> <p>2. Where an appeal is taken to the common pleas from a tax assessment by the county commissioners acting as a board of revision, and before the appeal is heard the parties agree to an adjustment, and the court enters a judgment pursuant to the agreement, such judgment is adverse, and cannot be set aside after the expiration of the term at which it was entered, in the absence of any ground for equitable relief. The fact that a petition had been presented on the last day of the term in which the order had been 'made asking for its vacation, and that a rule had issued thereon, does not in any way change the situation.</p>
Judges: Elkin, Mestrezat, Mitchell, Potter, Stewaet, Stewart
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