85 Pa. Super. 285 | Pa. Super. Ct. | 1925
Argued March 3, 1925.
The court entered judgment against the defendant for lack of proper service of the affidavit of defense, and also for want of a sufficient affidavit of defense. This judgment was entered on July 9, 1923, for $2,247. On the 20th day of March, 1924, defendant presented his petition to the court stating that the day after judgment was entered the defendant spoke to plaintiff and endeavored to effect a settlement, and was directed by plaintiff to enter negotiations with his attorney for the settlement of the claim, that in pursuance of such directions on the 8th day of August, 1923, he made an arrangement with the attorney by which in consideration of the defendant not taking the appeal to a higher court plaintiff would accept $2,240 as a compromise in full payment of said judgment including costs; that said sum was paid from time to time and that under such an arrangement there was nothing more due and owing on the judgment and notwithstanding such agreement a fi. fa. had been issued in violation of the terms of the settlement. The prayer of the petitioner was that a rule should be granted to show cause why the judgment should not be opened and the defendant let into a defense, the proceedings meanwhile to be stayed. Testimony was taken upon the rule. The plaintiff and his wife swore that the arrangement was made, whilst the defendant's attorney denied any such agreement. The *287
court refused the relief prayed for, stating that the ground for the application to open did not allege anything occurring prior to the entry of the judgment but solely to matters arising after and that the term having expired there could not be an opening of the judgment as the power to open judgments after the term applied only to such as were entered by default or confession. There is no question that this is the law. The power of the court to open where the judgment is entered in adverse proceedings ends with the term: King v. Brooks,
The order of the lower court discharging the rule is reversed, and the court is directed to award an issue in order that the matters in dispute may be tried by a jury.