Clarion, M. & P. R. v. Hamilton
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF WARREN COUNTY. No. 12 July Term 1889, Sup. Ct.; court below, No. 45 December Term 1884, C. P. On September 24, 1884, George C. Hamilton brought ■ assumpsit against the Clarion, Mahoning & Pittsburgh Railroad Company, and on October 2d filed a narr with a copy of an account against the defendant company, amounting to $4,025.90. A Rule of Court provided that, “ if the plaintiff shall have filed a copy of the account or instrument of…
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ERROR TO THE COURT OF COMMON PLEAS OF WARREN COUNTY. No. 12 July Term 1889, Sup. Ct.; court below, No. 45 December Term 1884, C. P. On September 24, 1884, George C. Hamilton brought ■ assumpsit against the Clarion, Mahoning & Pittsburgh Railroad Company, and on October 2d filed a narr with a copy of an account against the defendant company, amounting to $4,025.90. A Rule of Court provided that, “ if the plaintiff shall have filed a copy of the account or instrument of writing on which the suit is founded, with his declaration, on or before the return day of the writ, he shall be entitled to a…
1Per curiam
If this writ of error had been taken to the judgment below, it would have been too late : Penn. Cent. Ins. Co. v. Gaus, 91 Pa. 103. The writ was taken, however, to the refusal of the court below to strike off the judgment. The ground of this motion was that the judgment was void. The writ of error was taken out in less than two years from the refusal of the court below to strike it off.
While an erroneous or voidable judgment cannot be affected by a writ of error, unless purchased within the statutory period, a void judgment is no judgment at all. It is something on the record which has no…
2Cases cited1 opinion
- Pennsylvania Central Insurance v. GausSupreme Court of Pennsylvania · 1879
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