Kienberger v. Lally

Opinion by

Baldrige, J.,

The lower court refused to open a judgment entered upon a bond accompanying) a mortgage. The well-recognized rule is that an application to open a judgment entered upon a warrant of attorney is an equitable proceeding, addressed to the sound discretion of the court and to be disposed of in accordance with equitable principles. See Mielcuszny et ux. v. Rosol et ux., 317 Pa. 91, 176 A. 236. This record does not disclose anything that convicts the learned court below of abusing its authority.

The question for determination in this unfortunate case, where too much confidence…