Boyd v. Kirch
Supreme Court of Pennsylvania
Appeal, No. 208, Oct. T., 1911, by plaintiff from order of C. P. No. 2, Allegheny Co., Jan. T., 1910, No. 195, making absolute rule to open judgment in case of L. R. Boyd v. John P. Kirch. Rule to open judgment. Before Shafer, J. . The opinion of the Supreme Court states the case. Error assigned was order making absolute rule to open judgment.
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
An application to open a judgment entered on a warrant of attorney is addressed to the equitable powers of the court and on appeal the question is whether there has been a proper exercise of judicial discretion. The cases are rare where there have been reversals of the findings of a judge sitting as a chancellor, because his opportunity to reach a correct conclusion from conflicting testimony, when the character and knowledge of the witness are involved is much better than ours on appeal. An apparent preponderance of testimony against a finding is not…
2Cases cited3 opinions
- Charles D. Kaier Co. v. O'brienSupreme Court of Pennsylvania · 1902
- Steinmeyer v. SiebertSupreme Court of Pennsylvania · 1899
- Schomaker v. DeanSupreme Court of Pennsylvania · 1902
3Cited by18 opinions
- Mutual Building & Loan Ass'n v. WalukiewiczSupreme Court of Pennsylvania · 1936
- Austen v. MarzolfSupreme Court of Pennsylvania · 1928
- Welch v. SultezSupreme Court of Pennsylvania · 1940
- Matovich v. Gradich Et Ux.Superior Court of Pennsylvania · 1936
- United States Savings and Trust Co. v. HelselSupreme Court of Pennsylvania · 1936
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