Penna. Co. for Insurance on Lives & Granting Annuities ex rel. McCarroll v. Shanahan
Superior Court of Pennsylvania
Appeal, No. 68, April T., 1899, by defendant, from order of C. P. No. 8, Allegheny Co., May T., 1898, No. 375, discharging rule to vacate judgment. Opinion by Beeber, J. Rule on plaintiff to show cause why judgment confessed on a lease by warrant of attorney should not be set aside and vacated. The facts sufficiently appear in the opinion of the court. The court below discharged the rule to set aside and vacate judgment. Defendant appealed.
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Appeal, No. 68, April T., 1899, by defendant, from order of C. P. No. 8, Allegheny Co., May T., 1898, No. 375, discharging rule to vacate judgment. Opinion by Beeber, J. Rule on plaintiff to show cause why judgment confessed on a lease by warrant of attorney should not be set aside and vacated. The facts sufficiently appear in the opinion of the court. The court below discharged the rule to set aside and vacate judgment. Defendant appealed. Error assigned was discharging rule to vacate and set aside judgment in favor of plaintiff and against defendant.
1Opinion of the Court
Opinion by
Beeber, J.,
This is an appeal from the order of the court below discharging defendant’s rule to show cause why the judgment should not he set aside and vacated. In the consideration of the question whether the court below erred in discharging this rule it must be remembered that the court has no power to strike off, set aside or vacate a judgment except for fatal irregularity apparent on the face of the record. A rule to open a judgment is an appeal to the discretion of the court, upon equitable grounds, and if refused an appeal lies, but such an appeal only raises the question…
2Cases cited8 opinions
- Breden v. GillilandSupreme Court of Pennsylvania · 1871
- O'Hara v. BaumSupreme Court of Pennsylvania · 1876
- Adams v. EdwardsSupreme Court of Pennsylvania · 1887
- North v. YorkeSupreme Court of Pennsylvania · 1896
- Cochran v. ArnoldSupreme Court of Pennsylvania · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Testa v. Lally Et Ux.Superior Court of Pennsylvania · 1947
- Isman v. NiedermanSuperior Court of Pennsylvania · 1920
- Waldman v. BaerSuperior Court of Pennsylvania · 1923
- Forgeng v. Blank.Supreme Court of Pennsylvania · 1936