Smyers v. Albert

Citations

• 52 Pa. Super. 163
• 1912 Pa. Super. LEXIS 150

Syllabus

<p>Practice, C. P.—Trial by court without a jury—Irregular entry of judgment—Notice to parties—Exceptions—Act of April 2%, 1874, P. L. 109.</p> <p>Where a case is tried by the court without a jury, and the judge directs the prothonotary to enter judgment for the plaintiff, and the prothonotary on the same day that the' order is made and the .findings of fact 'and law filed, enters judgment in pursuance of the order without notice to parties or opportunity to file exceptions as.provided by the Act of April 22, 1874, P. L. 109, and the defendant files exceptions to the irregular entry of judgment, but not to the findings of fact and conclusions of law, the court cannot disregard the judgment entered and subsequently enter judgment against the defendant because ho had not filed within thirty days exceptions on the merits to the findings of fact and conclusions of law.</p>