Pettit v. Clever
Pettit v. Clever
Opinion of the Court
Opinion by
A sci. fa. sur mortgage, in which this appellant was mortgagor, was issued out of the court of common pleas, No. 2, of Allegheny county, and, on December 14, 1906, upon two nihil returns, judgment was entered against him in default of an appearance. Without asking the court below for relief from this judgment, ho appealed directly to this court on December 20, 1906, and has filed what he terms “ specifications of error.” They are nine in number, and each one is but an allegation that the judgment is “ irregular and erroneous,” for reasons stated. On January 18, 1907, judgment was entered against the appellant in the court of common pleas, No. 3, of the same county, on his judgment bond accompanying the mortgage. He pursued the same course as to this judgment, and, on his appeal from it, alleges in what he again terms, “ specifications of error,” that it is “ irregular and erroneous,” and that the entry of it was “ an attempt to circumvent and render useless ” his former appeal.
Appeals are taken that errors alleged to have been committed by a court below may be properly assigned and corrected,
Appeals quashed. •
Reference
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- Syllabus
- Appeals — Judgment—Quashing appeal — Mortgage. No appeal lies from a judgment entered by the prothonotary as a matter of course with no order or intervention by the court. If the judgment is improperly entered, relief from it must be asked from the court in which it is entered, and if the court denies such relief, an appeal may then be taken.