Weimer v. Biesecker

Citations

• 262 Pa. 460
• 105 A. 829
• 1919 Pa. LEXIS 704

Syllabus

<p>Judgment — Opening judgment — Weah-minded person — Death of defendant — Guardian and executor — Disposition on merits.</p> <p>Where a rule to open a judgment is taken in the name of a person who claims to be the guardian of the defendant alleged to be weak-minded, it is reversible error to discharge the rule after the defendant’s death, on the ground that the petitioner for the rule had not been lawfully appointed guardian, if it appears that at the beginning of the proceedings no objection was made to the validity of the petitioner’s appointment as guardian, that seventeen witnesses were heard for the rule and twenty against it without any question as to the petitioner’s standing, and that after the death of the defendant, his death was suggested of record, and his executor was substituted in his place as defendant. The record called for a disposition of the ease on its merits.</p>