Wyoming Mfg. Co. v. Mohler

Citations

• 1 Monag. 622
• 17 A. 31
• 1889 Pa. LEXIS 1317

Syllabus

<p>In an action of assumpsit on a judgment recovered in another state, wherein the record, which was certified to he the whole record except the attachment proceedings thereon, showed service on a party named as president of a foreign corporation, defendant, that both parties had appeared by their attorneys, and, a jury having been waived, judgment was entered for the plaintiff by the court, the affidavit of defence, to the action on the judgment, alleged non-indebtedness, in general terms; fraud and collusion, in that the party named as president never was president and was in another state on the day of the alleged service; and that the defendant never authorized anyone to waive the right to trial by jury. Held that the affidavit was insufficient.</p> <p>Per Curiam. — The affidavit carefully abstains from saying that the defendant had never authorized an attorney to act for it in the case. ... If the judgment was entered by fraud and collusion, the court in which it was entered was the proper one to redress the wrong.</p>