Mayer v. Brimmer
Mayer v. Brimmer
Opinion of the Court
If there was any irregularity in the.proceedings after verdict it seems to have been invited by the plaintiff’s point, which was as follows: “ Although mechanics’ liens are filed and the amount liquidated or unliquidated, and the contractor was under his agreement and contract to furnish a release of all liens before final payment, and said releases are not furnished, that is not a condition precedent to plaintiff’s recovery; the adjustment of the verdict is entirely within the control of the court upon judgment to be entered thereon, or execution.” Moreover, a question of law raised by the defendant’s second and third points was reserved. True, this was not spread at length upon the docket, but it appears in the official report of the charge, which, pursuant to exceptions taken before verdict, was “ directed to
The order of February 10, 1900, dismissing the plaintiff’s motion is affirmed, and the appeal is dismissed at his costs.
Reference
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- 11 cases
- Status
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- Syllabus
- Voidable judgment — Expiration of time of appeal — Motion to strike off. If a judgment be erroneously entered by a court having jurisdiction of the person and. subject-matter, it is voidable and not void; and an order refusing to strike it from the record on a motion made after the time allowed for an appeal has expired, will not be reversed by the appellate court. Clarion, etc., R. R. Co. v. Hamilton, 127 Pa. 1, followed. Practice, Superior Court — Appeals-^-Act of 1891. The Act of May 20,1891, P. L. 101, was not intended to give a party aggrieved by a judgment obtained in an adverse proceeding, which at the worst is only erroneous and not void, two opportunities to obtain a reversal.