Taylor v. Tudor
Superior Court of Pennsylvania
Appeal, No. 119, April T., 1924, by Samuel Y. Free, from judgment of C. P. Allegheny Co., Oct. T., 1922, No. 2295, making absolute rule for judgment for want of an affidavit of defense in the case of F. M. Taylor v. Frank H. Tudor et al. Rule for judgment for want of a sufficient affidavit of defense. . Before Row and, J. The facts are stated in the opinion of the Superior Court and in the report of a former appeal at 81 Pa.
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Appeal, No. 119, April T., 1924, by Samuel Y. Free, from judgment of C. P. Allegheny Co., Oct. T., 1922, No. 2295, making absolute rule for judgment for want of an affidavit of defense in the case of F. M. Taylor v. Frank H. Tudor et al. Rule for judgment for want of a sufficient affidavit of defense. . Before Row and, J. The facts are stated in the opinion of the Superior Court and in the report of a former appeal at 81 Pa. Superior Ct. 306. The court made absolute the rule. Samuel Y. Free appealed. Error assigned was, among others, the decree of the court.
1Opinion of the Court
Opinion by
Keller, J.,
When this case was here before (81 Pa. Superior Ct. 306) we pointed out that a judgment entered in the court of common pleas upon a transcript from an aider-man or justice of the peace, regular upon its face, cannot be set aside or its validity questioned in the court of common pleas; that any attack upon its validity must be made in the court where it was originally obtained; if set aside there, the judgment in the court of common pleas falls with it. That was an appeal from an order of the court of common pleas discharging a rule to strike off the transcript of a…
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