Dodds v. Dodds
Supreme Court of Pennsylvania
In error from the Common Pleas of Butler. An ejectment was brought against Sarah Sands, and, by consent, her daughter was admitted as a defendant, the mother appearing for her as guardian. The record showed that after, a jury was sworn, a judgment was entered by consent against defendant for a part of the land, plaintiff to convey the other part to her, and to her mother for life, who sued out this writ of error.
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In error from the Common Pleas of Butler. An ejectment was brought against Sarah Sands, and, by consent, her daughter was admitted as a defendant, the mother appearing for her as guardian. The record showed that after, a jury was sworn, a judgment was entered by consent against defendant for a part of the land, plaintiff to convey the other part to her, and to her mother for life, who sued out this writ of error. Certain affidavits were read in the court below, to show that defendant’s guardian had refused to permit this to be done.
1Opinion of the CourtGibson, C. J.
As we cannot look beyond the record, the depositions which show that the judgment was confessed by the defendant’s counsel, not only without, but expressly contrary to the instructions and protest of their client, must be laid out of the case; and for ground of relief we are restrained to the agreement entered on the docket, which, if it could not be enforced entire, a chancellor would not enforce at all. Notwithstanding the entry of it on the docket by direction of the counsel of both parties, it rested on parol — as much so as if it had been written on a separate paper — and it consequently…
2Cited by4 opinions
- Starling v. West Erie Avenue Building & Loan Ass'nSupreme Court of Pennsylvania · 1938
- Gray v. HowellSupreme Court of Pennsylvania · 1903
- Croskey v. StockleySuperior Court of Pennsylvania · 1924
- Ferguson v. Hilderbrand, Pennsylvania Court of Common Pleas, Fayette County1951