O'Brien v. Sylvester
Superior Court of Pennsylvania
Appeal, No. 197, Oct. T., 1899, by Emma Sylvester, from decree of C. P. No. 1, Phila. Co., March T., 1899, No. 336, M. L. D., discharging rule to open judgment. Rule to open judgment. Before Brbg-y, J. It appears from the record that a sci. fa. was issued upon a mechanic’s lien filed in this case, judgment obtained for want of an affidavit of defense, and the premises exposed for sale under a writ of levari facias.
Read the full summary
Appeal, No. 197, Oct. T., 1899, by Emma Sylvester, from decree of C. P. No. 1, Phila. Co., March T., 1899, No. 336, M. L. D., discharging rule to open judgment. Rule to open judgment. Before Brbg-y, J. It appears from the record that a sci. fa. was issued upon a mechanic’s lien filed in this case, judgment obtained for want of an affidavit of defense, and the premises exposed for sale under a writ of levari facias. Thereupon a rule was taken by Emma Sylvester, as owner, to show cause why the judgment in the above case should not be opened and defendant let into a defense, proceedings to stay…
1Opinion of the Court
Opinion by
Beaver, J.,
“ It is settled by a long line of decisions that the judge, to-whom an application to open a judgment is made, acts as a chancellor; . . . . and that on appeal the appellate court will only see that his discretion has been properly exercised: ” Stephan v. Hudock, 4 Pa. Superior Ct. 474. The petition of the defendant owner was for grace and not for right. The record shows a judgment regular upon its face. The only question for consideration is as to the propriety of the exercise of the discretion of the court. No reasons for the discharge of the-rule to show cause are…
2Cases cited2 opinions
- Stephan v. HudockSuperior Court of Pennsylvania · 1897
- Weaver v. LutzSupreme Court of Pennsylvania · 1883
3Cited by4 opinions
- Spiess v. MooneySuperior Court of Pennsylvania · 1916
- Whitecar v. Supreme Castle Knights of Golden EagleSuperior Court of Pennsylvania · 1902
- Commonwealth v. PerregoSuperior Court of Pennsylvania · 1906
- Zartman v. SpanglerSuperior Court of Pennsylvania · 1902