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GILBERTON COAL CO. v. SCHUSTER

403 Pa. 226 (1961)

Gilberton Coal Company v. Schuster, Appellant.

Supreme Court of Pennsylvania.

March 23, 1961.

Attorney(s) appearing for the Case

Thomas D. McBride, with him Victor Wright, George I. Puhak, W.J. Krencewicz, and McBride, von Moschzisker & Bradley, for appellants.

Ralph M. Bashore, with him John J. Curran, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE EAGEN, March 23, 1961:

This is an appeal from an order in the court below refusing to strike from the record a judgment, entered under a warrant of attorney, in an amicable action of ejectment.

"A rule to strike off a judgment is in the nature of a demurrer directed to defects in the record. If the record is self-sustaining, the judgment cannot be stricken": Lipshutz v. Plawa, 393 Pa. 268, 271,...

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