Lawrence v. Smith
Supreme Court of Pennsylvania
Appeal, No. 304, Jan. T., 1905, by plaintiff, from order of G. P. Montgomery Co., March T., 1905, No. 166, striking off judgment in case of William P. Lawrence v. Bernard Smith. Scire facias sur mortgage. Rule to open judgment. Before We and, J. The writ was issued April 11, 1903, returnable May 11, 1903, and was duly served upon the defendant, who was mortgagor and real owner.
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Appeal, No. 304, Jan. T., 1905, by plaintiff, from order of G. P. Montgomery Co., March T., 1905, No. 166, striking off judgment in case of William P. Lawrence v. Bernard Smith. Scire facias sur mortgage. Rule to open judgment. Before We and, J. The writ was issued April 11, 1903, returnable May 11, 1903, and was duly served upon the defendant, who was mortgagor and real owner. On April 17, 1905, judgment was entered against the defendant by default for want of an appearance. On May 15, 1905, the executors -of the defendant presented a petition averring that defendant had died on November 30,…
1Opinion of the Court
Opinion by
Mr. Chief' Justice' Mitchell,
The only question really involved in this case is the technical one of the form of the remedy. The judgment having been entered after the death of the defendant was voidable, but the fact of the death' not appearing on the record the judgment was regular on its face and could not be struck off on rule. The law is correctly stated in the opinion of the learned judge below, but it was technically misapplied in striking off the judgment. The distinction between striking off and opening a judgment is clear and absolutely settled.' “It is true that in…
2Cases cited6 opinions
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- Breden v. GillilandSupreme Court of Pennsylvania · 1871
- O'Hara v. BaumSupreme Court of Pennsylvania · 1876
- North v. YorkeSupreme Court of Pennsylvania · 1896
- Adams v. GreySupreme Court of Pennsylvania · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Nixon v. NixonSupreme Court of Pennsylvania · 1938
- Hempstead v. Meadville Theological SchoolSupreme Court of Pennsylvania · 1926
- Harr, SEC. of Bk. v. BernheimerSupreme Court of Pennsylvania · 1936
- Rome Sales & Service Station v. FinchSuperior Court of Pennsylvania · 1935
- Giles v. RyanSupreme Court of Pennsylvania · 1934
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