Reference

Full Case Name

P. A. Althouse v. Mrs. James B. Hunsberger, Catherine M. Hunsperger

Cited By

3 cases

Status

Published

Syllabus

Judgment — When application to set aside maintained. An application to vacate and set aside a judgment can be maintained only on the ground of defects apparent on the face of the record. Judgment — Mistaken name — Service of process. If a party is sued by a wrong or fictitious name, or by some designation which includes a part only of his name, and is personally served with process, and fails to urge the misnomer in any way, a judgment entered against him by such mistaken, fictitious or imperfect name, is valid and enforceable. Catharine M. Hunsberger was sued as Mrs. James B. Hunsperger, was' served with process and allowed judgment to be entered against her by default under that name. Held, that Catharine M. Hunsperger is not in position to urge this mispomer, or use of a fictitious name as constituting a defect vitiating the judgment as between herself and the holder of it. Judgment — Motion to strike off- — Laches—Equity. Where the record shows that defendant, being served with process in a suit before an alderman, failed to defend the same but suffered judgment by default, and neglected to take an appeal or certiorari, by one or the other of which every right she subsequently alleged in a petition to strike off the judgment, might have been adequately protected, the court will not exercise its equitable power to stay execution or interfere with the judgment.