Tressler v. Emerick

Opinion by

Henderson, J.,

We have for consideration an appeal from an order of taxation of costs in a case in which the appellant caused judgment to be entered against the appellee for $6,450 on a note with a warrant of attorney for confession of judgment contained therein. The appellee presented a petition to the court of common pleas to open the judgment to permit him to make a defense, to which application the plaintiff filed an answer and thereafter depositions were taken. On consideration of this petition, the court opened the judgment to the amount of $2,133.69 thereby referring to a jury…