Bryn Mawr National Bank v. James
Bryn Mawr National Bank v. James
Opinion of the Court
Opinion by
The only specification of error is, that the court below erred in striking off the judgment which had been entered in favor of the plaintiff. The appellant’s paper book does not give us the entire record necessary to an intelligent understanding of the case. The appellee, however, has given us the affidavit of the defendant upon which the court granted the rule to strike off the judgment, by which it appears that the first knowledge that the defendant had that a suit had been brought against her was the execution issued upon the judgment; that one John J. Clark, attorney at law, had accepted service of the writ and statement issued and filed therein as attorney for the
Judgment affirmed.
Reference
- Cited By
- 15 cases
- Status
- Published
- Syllabus
- Striking off judgment entered without authority. As a general rule, the court will not strike off a judgment, regular upon its face; but it may do so where the judgment has been entered wholly without authority. The judgment so entered is no judgment at all, so far as it affects the rights of the defendant. The court will strike off a judgment where the affidavit of the defendant states that she had no knowledge that a suit had been brought against her until execution was issued upon the judgment; that the attorney who had accepted service of the writ and statement was not her attorney; that she had never consulted him professionally in respect to the said suit, and that he had no authority from her to accept service as her attorney of such writ and statement.