Whatley v. Baynard

Whatley v. Baynard, Appellant

Whatley v. Baynard, 264 A.2d 721 (Pa. 1970)

Court: Supreme Court of Pennsylvania · State Highest Courts
Decided: April 22, 1970
Docket: Nos. , 322
Judges: Cubiam, Bell, Jones, Cohen, Eagen, O'Brien, Roberts, Pomeroy
Citations: 264 A.2d 721437 Pa. 4981970 Pa. LEXIS 908

Cited by 6 3 descriptions by later courts

Opinion — Per Curiam

Opinion Pee Cubiam, This is an appeal from an order entered below striking from the record a judgment of non pros, in an action seeking damages for injuries suffered in an automobile accident.

In striking the judgment, the court took into consideration facts outside the record. This was error. A motion to strike off a judgment of non pros., regular on its face, challenges only defects appearing on the face of the record.

Cox v. Felice Perri & Sons, 412 Pa. 415 , 195 A. 2d 79 (1963). However, since the facts which moved the learned court below to strike the judgment appear to have sufficient merit to warrant the court in the exercise of its discretion to open the judgment, and the court below could properly treat the motion to strike as one to open, 1

we will vacate the order appealed from and remand the record for the purpose of permitting the court below to consider the motion as one to open the judgment.

It is so ordered.

Mazer v. Sargent Electric Co., 407 Pa. 169 , 180 A. 2d 63 (1962).

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

(determining that the trial court erred in striking the judgment where it took into consideration facts outside the record)

Vranka v. Sampson, No. 485 WDA 2022 (Pa. Super. Ct. May 2, 2023)
(confirming that the court’s March 28, 2022 order “did not restore [Sampson’s] suspended license”)

Vranka v. Sampson, No. 485 WDA 2022 (Pa. Super. Ct. May 2, 2023)
(reversing the lower court’s order striking a judgment and remanding for consideration of petition to strike default judgment as a petition to open where the evidence presented could have supported a petition to open)

Vranka v. Sampson, No. 485 WDA 2022 (Pa. Super. Ct. May 2, 2023)

Cited by 6 cases

View all citing references →

Relies on it most ⓘ

Kophazy v. Kophazy421 A.2d 246 (Pa. Super. Ct. 1980)
Vranka, S. v. Sampson, S.No. 485 WDA 2022 (Pa. Super. Ct. May 2, 2023)
Goldstein v. Graduate Hospital of the University of Pennsylvania272 A.2d 472 (Pa. 1971)
Saint Vladimir Ukrainian Orthodox Church v. Preferred Risk Mutual Insurance362 A.2d 1052 (Pa. Super. Ct. 1976)
In re Estate of McCauley385 A.2d 1324 (Pa. 1978)
Cargitlada v. Binks Manufacturing Co.837 A.2d 547 (Pa. Super. Ct. 2003)

Most recent

Vranka, S. v. Sampson, S.No. 485 WDA 2022 (Pa. Super. Ct. May 2, 2023)
Cargitlada v. Binks Manufacturing Co.837 A.2d 547 (Pa. Super. Ct. 2003)
Kophazy v. Kophazy421 A.2d 246 (Pa. Super. Ct. 1980)
In re Estate of McCauley385 A.2d 1324 (Pa. 1978)
Saint Vladimir Ukrainian Orthodox Church v. Preferred Risk Mutual Insurance362 A.2d 1052 (Pa. Super. Ct. 1976)
Goldstein v. Graduate Hospital of the University of Pennsylvania272 A.2d 472 (Pa. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Mazer v. Sargent Elec. Co., 180 A.2d 63 (Pa. 1962)	25
	Cox v. Felice Perri & Sons, 195 A.2d 79 (Pa. 1963)	13

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list