Stevenson v. Virtue

Citations

• 13 Pa. Super. 103
• 1900 Pa. Super. LEXIS 118

Syllabus

<p>Judgment — Striking off judgment — Record.</p> <p>In determining the propriety of striking off a judgment the court may consider in connection with the record the undisputed facts presented by the parties, and if facts are admitted to be true which clearly establish that the court had no jurisdiction to enter the judgment, or that the judgment was erroneous as a matter of law, or that it was entered upon a void warrant of attorney, the judgment will be stricken off.</p> <p>Judgment — Opening judgment — Bjeetment—Death of defendant.</p> <p>Where the defendant in an ejectment dies before he is required to appear, a judgment by default after his death will be stricken off at the instance of his widow and heirs, if there is no dispute about the facts. If there is a dispute about the facts the proper practice is to move to open the judgment.</p>