Whatley v. Baynard

Opinion

Pee Cubiam,

This is an appeal from an order entered below striking from the record a judgment of non pros, in an action seeking damages for injuries suffered in an automobile accident.

In striking the judgment, the court took into consideration facts outside the record. This was error. A motion to strike off a judgment of non pros., regular on its face, challenges only defects appearing on the face of the record. Cox v. Felice Perri & Sons, 412 Pa. 415, 195 A. 2d 79 (1963). However, since the facts which moved the learned court below to strike the judgment appear to have sufficient merit…