Union Transfer Co. v. Lea

Decided February 9, 1885

Supreme Court of Pennsylvania · decided 1885-02-09

4 of Philadelphia County. No. 120, July Term, 1884. This was a suit brought by Henry C. Lea against the Union Transfer Company, and a case stated was agreed upon as follows : It is agreed that an amicable áction in the above form shall be entered as though a summons had been duly issued, and had been duly returned “served,” and that the following case be stated for the opinion and judgment of the court: On the 31st day of July, 1874, Albert Schwarz conveyed, in fee, to Sarah…

Decided 1885-02-09

¶1The Supreme Court affirmed the judgment of the Commoii Pleas on February 9th, 1885, in the following opinion:

Per Curiam.

¶2While the case stated shows an irregularity in the entry of-the judgment against the Krusens, yet it was not void. No‘step was taken by the writ of error or otherwise to revise it. and it stands unappealed from and unreversed. The subse-1 cpient proceedings thereon, including the sale by the Sheriff, were all regular. Under the Act of-, 17o5> Section 9; 1 Sm. L. 61. The sale of lands made on execution,, although the judgment be afterwards reversed, is not invalidated. Nor can a judgment, although irregular, be impeached in a collateral proceeding. There was no error in entering judgment in favor of the plaintiff below.

¶3Judgment affirmed.