Legal Opinion

Simon v. Wintgens

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 223Published

Appeal, No. 223, Oct. T., 1920, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1919, No. 2960, discharging rule to open judgment in the case of Burton C. Simon v. Charles Wintgens. Rule to open judgment. The court discharged the rule. .The opinion of the Superior Court states the case. Error assigned was the order of the court discharging the rule to open judgment.

1Opinion of the Court

Opinion by

Orlady, P. J.,

An amicable action in ejectment was entered by agreement under a lease and judgment entered pursuant to its terms. A rule on the plaintiff was entered to show cause why the judgment should not be opened and the defendant let. into a defense. After proper pleadings and full hearing, the court discharged the rule. The judge to whom such an appeal is addressed acts as chancellor, and the appellate courts examine the record only to determine whether this discretion has been properly exercised. It is a mistake to suppose that a court to which the application is made cannot…

2Cases cited2 opinions

  1. Spiess v. MooneySuperior Court of Pennsylvania · 1916
  2. J. B. Colt Co. v. BenjaminSuperior Court of Pennsylvania · 1919

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