Fischer v. Hale
Superior Court of Pennsylvania
Appeal, No. 29, March T., 1916, by defendant, from order of C. P. Lackawanna Co., Jan. T., 1915, No. 113, discharging rule to open judgment in case of Emily Fischer v. Lincoln Hale. Rule to open judgment. The opinion of the Superior Court states the facts. Error assigned was order discharging rule to open judgment.
1Opinion of the Court
Opinion by
Kephart, J.,
This is an appeal from an order of the court below discharging a rule to open a judgment entered upon a mortgage bond. We have frequently stated that applications such as this are addressed to the equity powers of the court, and unless there is an abuse of discretion in the conclusions reached on the facts presented, or an erroneous opinion as to the legal effect of such testimony, this court will not disturb the discretion exercised: Cinnaminson Park Co. v. Laws, an opinion this day handed down. The appellee placed a mortgage through an agent, Breck, on the appellant’s…
2Cases cited4 opinions
- Central Pennsylvania Telephone & Supply Co. v. ThompsonSupreme Court of Pennsylvania · 1886
- Fisher v. KingSupreme Court of Pennsylvania · 1893
- Mynick v. BickingsSuperior Court of Pennsylvania · 1906
- Pfaff v. ThomasSuperior Court of Pennsylvania · 1897
3Cited by6 opinions
- Mielcuszny Et Ux. v. Rosol (Et Ux.)Supreme Court of Pennsylvania · 1934
- Williams v. CookSupreme Court of Pennsylvania · 1927
- Peters v. AlterSuperior Court of Pennsylvania · 1926
- Pore v. Duke Et Ux.Supreme Court of Pennsylvania · 1931
- Burger, for Use v. Freedom Twp.Superior Court of Pennsylvania · 1936
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