Scranton v. Manley

Citations

• 13 Pa. Super. 439
• 1900 Pa. Super. LEXIS 175

Syllabus

<p>Municipal lien — Defective service of sci. fa. — Striking off judgment.</p> <p>A judgment entei’ed on a scire facias sur municipal lien for default of an appearance is voidable when the sheriff’s return discloses that service was made nine days prior to the return day instead of ten as required by the Act of May 16, 1891, P. L. 69. Such service is defective and the judgment will be stricken off on motion unless it in some manner be made to appear that the defendant has waived the irregularity.</p> <p>Laches — Determinable from facts of each case.</p> <p>Laches is not to be imputed to a party from the mere lapse of time alone; the question is one involving equitable principles and is determinable from the particular facts.</p> <p>In the case at bar a judgment by default was entered on a defective service of a sci. fa. October 11, 1892. The owner of the premises was dead at the time, and on January 9, 1899, the guardian of the minor heirs took a rule to strike off the judgment. Held, That as there was nothing to put the defendants on inquiry, that as they were minors and the rights of no innocent parties have intervened, they were not estopped from asserting the invalidity of the judgment.</p>