Gilberton Coal Co. v. Schuster

Opinion by

Mr. Justice Eagen,

This is an appeal from an order in the court below refusing to strike from the record a judgment, entered under a warrant of attorney, in an amicable action of ejectment.

“A rule to strike off a judgment is in the nature of a demurrer directed to defects in the record. If the record is self-sustaining, the judgment cannot be stricken”: Lipshutz v. Plawa, 393 Pa. 268, 271, 141 A. 2d 266 (1958).

The record discloses that the judgment-plaintiff, the Gilberton Coal Company, entered into a written agreement with the City of Philadelphia, Trustee under the will of Stephen'…