Hamilton v. Sechrist

Parker, J.,

Opinion by

We are all of the opinion that the learned court below erred in opening a judgment entered against the defendant for want of an affidavit of defense. There was a petition to open on which a rule to show cause was granted and a responsive answer by plaintiff. These pleadings raised disputed questions of fact and no depositions were taken by either party.

While courts have broad powers with respect to the opening of judgments, this discretion must be grounded upon competent evidence: Woods v. Irwin, 141 Pa. 278, 21 A. 603; Emademe v. Weadick, 69 Pa. Superior Ct. 369, 372;…