Work v. Adams

Citations

• 72 Pa. Super. 262
• 1919 Pa. Super. LEXIS 298

Syllabus

<p>Practice, O. P. — Judgment for want of an affidavit of defense— Practice Act of 1915, Section 17 — Refusal to open judgment.</p> <p>The refusal of the lower court to open a judgment entered for want of an affidavit of defense, as required by the provisions of the Act of 1915, will not be reversed on appeal. The provisions of the statute are designed to promote the prompt and convenient administration of justice, and the plaintiff is in the exercise of his statutory rights if he takes judgment, when the defendants failed to observe the requirements of the law.</p> <p>Judgments — Illegal judgments — Proceeding on merits — Waiver of defects.</p> <p>The proper practice to avoid a judgment illegally entered is by an application to strike off. Where the defendant has presented a petition praying the court to open the judgment and let him into a defense, on the merits, he will be considered to have waived any formal defects in the form of service, and must be held to have submitted himself to the jurisdiction of the court.</p>