Hotaling v. Fisher

Opinion by

Henderson, J.,

If the decision on the application to open depended on the contradictory evidence of the plaintiff and defendant alone, the judgment should not have been opened. As a general rule, the court will not open a judgment on the unsupported oath of the defendant where the testimony of the plaintiff is directly contradictory; but where there is corroboration or there are circumstances from which corroborative inferences may be drawn in favor of the defendant, the court will ordinarily open the judgment and submit the question in dispute to a jury: Jenkintown National Bank’s…