Opinion
March 4, 1929.
March 12, 1929.
Judgments — Opening — Confession — Praecipe — Assistance of attorney unnecessary.
A judgment entered by confession on a judgment note will not be stricken off on the ground that the praecipe was signed by a stranger to the record.
The holder of a Judgment note or other obligation where there is a certainty as to the amount thereof with warrant of attorney to confess judgment, may take the same to the prothonotary, whose duty it is to enter judgment thereon without requiring the assistance of an attorney.
The filing of a praecipe to the prothonotary is unnecessary.
Appeal No. 5, February T., 1929, by defendants from order of C.P., Lackawanna County, January T., 1927, No. 968, D.S.B., in the case of Lena Hefer v. Charles Hefner and Helen Hefner.
Before TREXLER, KELLER, LINN, GAWTHROP and CUNNINGHAM, JJ. Affirmed.
Rule to strike off judgment entered by confession on a judgment note. Before LEACH, J.
The opinion of the Superior Court states the case.
Rule discharged. Defendants appealed.
Error assigned was the order of the court.
B.L. Stone, for appellants.
John Dano, for appellee.
Argued March 4, 1929.
The matter came before the lower court on an application to strike off a judgment entered on a judgment note. The reason given to move the court was that the praecipe for judgment was signed by some one not a party to the note, and so far as the record discloses "an entire stranger." The filing of a praecipe was unnecessary. "The holder of a judgment note or other obligation, where there is certainty as to the amount thereof, with warrant of attorney to confess judgment, may take the same to the prothonotary, whose duty it is to enter judgment thereon without requiring the assistance of an attorney": Deibert v. Rhodes, 291 Pa. 550, 555. The judgment was entered in favor of the original holder, and no irregularity appears in the record.
Judgment affirmed.