Kerr v. Wonderlich
Supreme Court of Pennsylvania
Appeal from a decision of the Common Pleas of Cumberland County discharging a rule to show cause why a judgment should not be opened and the defendant let into a defense to the amount of $2,000 against said judgment. This was a judgment entered in an amicable action of debt November 2, 1881, by W. D. Wonderlich, against Audio Kerr, Jr., upon the following instrument in writing: W. D. Wonderlich] In the Court of Common Pleas of Cum-v. [ berland County.
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Appeal from a decision of the Common Pleas of Cumberland County discharging a rule to show cause why a judgment should not be opened and the defendant let into a defense to the amount of $2,000 against said judgment. This was a judgment entered in an amicable action of debt November 2, 1881, by W. D. Wonderlich, against Audio Kerr, Jr., upon the following instrument in writing: W. D. Wonderlich] In the Court of Common Pleas of Cum-v. [ berland County. Andie Kerr, Jr. J No. —, November Term, 1881. Keal debt, $3,864. Interest from April 1, 1882, at five per cent per annum. Amicable action of…
1Per curiam
The judgment sought to be opened in this case is not within the letter or spirit of the act of April 4, 1811. Lamb’s Appeal, 89 Pa. 407.
The record shows the entry of an amicable action, and the appearance of the defendant in the said amicable action, and the confession of judgment in favor of the plaintiff for a sum specified. The refusal to open such a judgment is an act of judicial discretion which we will not review. McClelland v. Pomeroy, 75 Pa. 412.
Appeal quashed.
2Cases cited1 opinion
- Lamb's AppealSupreme Court of Pennsylvania · 1879