Treasurer of Division No. 168, A. A. of S. R. E. of A. v. Keller

Citations

• 23 Pa. Super. 135
• 1903 Pa. Super. LEXIS 25

Syllabus

<p>Judgment — Defective name of plaintiff — Setting aside judgment — Opening judgment — Practice, O. P.</p> <p>Where a judgment was entered by confession on a judgment note made payable to “Treasurer of Division No. 168, A. A. of S. R. E. of A.,” the defendant may take advantage of the insufficiency of the name of the party plaintiff by a motion to set aside the judgment in the nature of a demurrer to the record. If, however, he choses to appeal to the conscience of the chancellor by rule to open the judgment, thereby inviting inquiry into the defense upon the merits, he will be held to have waived the mere irregularity of the procedure.</p> <p>Beneficial associations — Judgment note — Opening judgment.</p> <p>A judgment entered on a judgment note payable to the treasurer of a beneficial association will not be opened on an allegation by the defendant that he applied for benefits to the secretary of the executive committee of the association, and was informed by that officer that he could secure relief by applying to the vice president; that before receiving such benefits it would be necessary for him to sign a paper in the nature of a receipt, but that no demand would be made for the repayment of money so received, and that upon the faith of this representation he signed the note upon which the judgment was rendered.</p>