Joyce v. Hawtof

MacNeille, J.,

We are considering a rule to open judgment and a rule to strike off judgment. The judgment was entered on March 2, 1933, against defendant upon his bond, and on the ground that it was done without any averment of default, we are asked to strike off.

We do not think that an affidavit of default was necessary, as the bond authorized the confession of judgment for a definite amount, i e., $4,200, and the judgment was so entered as confessed. This situation was clearly before the Supreme Court in Harwood, to use, v. Bruhn et ux., 313 Pa. 337. There have been no later decisions that…