Rakowski v. Rosenthal

Citations

• 266 Pa. 108
• 109 A. 612
• 1920 Pa. LEXIS 511

Syllabus

<p>Justice of the peace — Judgment—Voidable judgment — Knowledge — Certiorari—Husband and wife — Appearance by wife for husband — Principal and agent — Acts of January 12, 1705, 1 Sm. L. 61, and March 20, 1810, P. L. 208 — Sheriff’s sale — Title.</p> <p>1. Where a husband and- wife are sued before a justice of the peace, and the wife who is alone served, appears and confesses judgment for herself and her husband, the judgment against the husband is voidable, and if he does not sue out á writ of certiorari within a reasonable time after he has knowledge of it, it becomes binding upon him. Under the Act of March 20, 1810, P. L. 208, a party before a justice of the peace may appear by an agent.</p> <p>2. In such a case where the transcript of the judgment is filed in the common pleas and execution is issued thereon, and real estate owned by the husband and wife by entireties is sold by the sheriff, the vendee at the sheriff’s sale takes a good title therein.</p> <p>3. It seems that, even if, on a certiorari issued after the sheriff’s sale, the judgment had been set aside, the title of the sheriff’s vendee would, under section 3 of the Act of January 12, 1705, 1 Sm. taws 59, have been unaffected.</p>