Phila. ex rel. Peters v. Jenkins
Supreme Court of Pennsylvania
Appeal, No. 330, Jan. T., 1894, by Leura E. Jenkins, from order of C. P. No. 2, Phila. Co., Dec. T., 1878, No. 228, M. L. D., discharging rule to strike off judgment. Rule to strike off judgment. The facts appear by the opinion of the Supreme Court. Errors assigned were (1) entry of judgment of Nov. 22, 1884; (2) refusal to strike off said judgment; (3) refusal to quash subsequent proceedings.
1Opinion of the Court
Opinion by
Me. Justice Williams,
This appeal is from the refusal of the court below to strike a judgment off the records. The court has no power to strike off a judgment except for want of jurisdiction or other fatal • irregularity appearing on the face of the record: France v. Ruddiman, 126 Pa. 257. If a judgment appears upon the face of the record to be a nullity the court may be properly asked to declare it so, and strike it off. This action amounts to a determination by the court that what appeared to be a judgment is not such in law, and that it has no right to remain on the records…
2Cases cited1 opinion
- France v. RuddimanSupreme Court of Pennsylvania · 1889
3Cited by8 opinions
- Miles v. LaytonSupreme Court of Delaware · 1937
- Saft v. Upper Dublin TownshipCommonwealth Court of Pennsylvania · 1993
- Borough of Avalon v. Shafer, Exrx.Superior Court of Pennsylvania · 1930
- Smyth v. LevySuperior Court of Pennsylvania · 1897
- Penna. Co. for Insurance on Lives & Granting Annuities ex rel. McCarroll v. ShanahanSuperior Court of Pennsylvania · 1899
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