Tabas v. Robert Development Co.

Concurring and Dissenting Opinion by

Packel, J.:

I join in Judge Spaulding’s opinion in No. 60, affirming the lower court’s denial of appellant’s petition to strike off the judgment. I dissent, however, in No. 330 in that the majority’s reversal of the court below gives a “stay of all proceedings” too broad a scope.

The majority relies upon the primary jurisdiction of the court which first acquires jurisdiction. This general principle is not to be disputed as to the issue of whether the judgment is or is not to be opened.1 The transferability of the judgment, however, in no way impinges upon the…