Legal Opinion · Dissent

Farrell v. Board of Trustees

Supreme Court of Pennsylvania

Decided October 9, 1970No. Appeal, No. 220Published

1Dissent

Dissenting Opinion by

Me. Justice Jones :

Several principles of law are well-settled in Pennsylvania with respect to the opening of a judgment. In Carrier v. William Penn Broadcasting Co., 426 Pa. 427, 429, 233 A. 2d 519, 520 (1967), we stated that “[a] petition to open a [default] judgment is an appeal to the equitable side of the court, and the petition must establish equitable considerations which convince the court that justice would best be served by opening the judgment.” Accord, e.g., Kramer v. Philadelphia, 425 Pa. 472, 229 A. 2d 875 (1967); Richmond v. A. F. of L. Medical Serv. Plan of…

2Cases cited14 opinions

  1. Simon v. CraftSupreme Court of the United States · 1901
  2. Wenger v. ZieglerSupreme Court of Pennsylvania · 1967
  3. Carrier v. William Penn Broadcasting Co.Supreme Court of Pennsylvania · 1967
  4. Ehnes v. WagnerSupreme Court of Pennsylvania · 1957
  5. Miller v. Kiamesha-Concord, Inc.Supreme Court of Pennsylvania · 1966

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