United States Savings and Trust Co. v. Helsel

Opinion by

Mr. Justice Barnes,

Plaintiff appeals from an order of the court below making absolute a rule to open a judgment entered by confession against defendant as endorser on a note. The only question before us is whether there was an abuse of discretion on the part of the court below in making this order. To the petition of defendant to open the judgment plaintiff filed an answer denying its averments, but offered no evidence at the taking of the depositions. Witnesses on the part of defendant alone were heard. Although the evidence presented on defendant’s behalf was not as clear and…