Williams v. Notopolos

Citations

• 247 Pa. 554
• 93 A. 610
• 1915 Pa. LEXIS 884

Syllabus

<p>Judgments — Confessed judgments — Ejectment — Striking off judgments — Opening judgments — Appeals.</p> <p>1. A motion to set aside or strike oii a judgment must be on the ground of irregularity appearing on the face of the record; a motion to open it is an appeal to the equitable power of the court to let the defendant into a defense.</p> <p>2. A confessed judgment in ejectment entered by virtue of a warrant of attorney for the possession of leased premises should not be stricken from the record where the petition for an order striking off the judgment does not allege defects apparent on the face of the record, but sets up matters dehors the record by denying the allegations of the statement of claim filed in the action of ejectment; the proper practice in such cases is to open the judgment and let the defendants into the defense.</p> <p>3. On appeal from an order striking oif a confessed judgment where it appears that an order opening the judgment would have been proper the Supreme Court will vacate the erroneous order of the court below and make such order as fhe court below should have made.</p>