Ehrenzeller v. Chubb

Opinion by

Hirt, J.,

On June 13, 1950, summary judgment was entered by the prothonotary in favor of the plaintiff and against the defendants for want of an answer to plaintiffs complaint on praecipe of plaintiff’s attorney, under Rule of Civil Procedure 1037. In entering judgment the prothonotary assessed damages in the amount claimed in the complaint. On June 21, 1950, defendants moved to strike off the judgment. This is defendants’ appeal from the order of the lower court discharging the rule on their motion to strike.

A rule to strike off a judgment for irregularity on the face of the…