King v. Brooks
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county : No. 183, to October and November Term 1872. An action of ejectment was brought May 10th 1869, Thomas Brooks and others against Austin W. King and Henry King. On the 14th of March 1872, the cause was tried and a verdict rendered for the defendants. On the 16th of March reasons for a new trial were filed and a rule granted on the defendants to show cause why a new trial should not be granted.
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Error to the Court of Common Pleas of Fayette county : No. 183, to October and November Term 1872. An action of ejectment was brought May 10th 1869, Thomas Brooks and others against Austin W. King and Henry King. On the 14th of March 1872, the cause was tried and a verdict rendered for the defendants. On the 16th of March reasons for a new trial were filed and a rule granted on the defendants to show cause why a new trial should not be granted. On the same day the court adjourned to meet April 4th 1872. The court met on the day of adjournment, and after argument, the rule for a new trial was…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— It is true that no court has power to strike off or vacate a judgment which is regular on its face. But every court has power to open a judgment in order to give the parties a hearing or trial. In the case of judgments by confession or default there is no limit of time to the exercise of this power, but in the case of judgments entered adversely after a hearing or trial it is settled that it must be done before the end of the term at which they are entered: Bredin v. Gilliland, 17 P. F. Smith 37; Catlin v. Robinson, 2 Watts 379;…
2Cases cited2 opinions
- Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
- Stephens v. CowanSupreme Court of Pennsylvania · 1837
3Cited by52 opinions
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- Dellacasse v. Floyd Exrs.Supreme Court of Pennsylvania · 1938
- Great American Credit Corp. v. Thomas Mini-Markets, Inc.Superior Court of Pennsylvania · 1974
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