Manayunk Trust Co. v. Platt
Supreme Court of Pennsylvania
Manayunk Trust Co. v. Platt, 221 Pa. 248 (Pa. 1908)
70 A. 721; 1908 Pa. LEXIS 473
Brown, Elkin, Mestrezat, Mitchell, Potter
Manayunk Trust Co. v. Platt
Opinion of the Court
The motion to open a judgment being an appeal to the equitable powers of, the court should be based on some equitable ground shown. In this case there was none. The judgment was regular on its face and not assailable at law. The only objection to it now set up is of technical irregularity not in any way affecting its merits or justice. The court was not called upon to intervene.
Judgment affirmed.
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- Syllabus
- Mortgage — rJudgment—Opening judgment — Guardian ad litem — Notice. A judgment on a scire facias sur mortgage against the guardian ad litem of a minor who is the real owner, will not be opened merely because neither the minor nor his next of kin had notice of the application for the appointment of the guardian ad litem. A motion to open a judgment being an appeal to the equitable powers of the court should be based on some equitable grounds shown. A mere technical irregularity not in any way affecting the merits or justice of the judgment, is not sufficient.