Phila. ex rel. Peters v. Jenkins

Citations

• 162 Pa. 451
• 29 A. 794
• 1894 Pa. LEXIS 1000

Syllabus

<p>Striking off judgment — Jurisdiction—Practice, G. P.</p> <p>The court of common pleas has no power to strike off a judgment except for want of jurisdiction or other fatal irregularity appearing on the face of the record.</p> <p>Appeals — Judgment—Certiorari—Record.</p> <p>When the court of common pleas refuses to strike from its records what is in law a nullity, and treats it as a valid judgment, the defendant may appeal and his appeal will be in effect a certiorari to bring up the record for examination. Ho other question will ordinarily be presented on such an appeal than the sufficiency of the record to sustain the judgment.</p> <p>Municipal lien — Service of process — Act 0/T88I — Constitutional law.</p> <p>The legislature has the constitutional power to authorize proceedings against property bound by a municipal lien in cases where the owner is a non-resident of the city. The act of June 10, 1881, P. L. 91, providing for service on such owners by posting and publication, is therefore constitutional.</p> <p>Practice, C. P. — Suggestion of death — Sci.fa. or order.</p> <p>Where a suggestion is filed on the record of a judgment on a municipal lien, to the effect that the owner is dead and that the title to the property has descended upon certain persons mentioned, the effect of the suggestion is merely to give notice to the court and the plaintiff of the facts stated, in order that further action may be taken intelligently by scire facias or order of court. The suggestion itself does not make the heirs parties to the cause or take the place of a scire facias or order of substitution.</p>