Walsh v. Ashford
Superior Court of Pennsylvania
Appeal, No. 3, Jan. T., 1899, by de fendant, from order of C. P. Luzerne Co., Oct. T., 1897, No. 850, refusing rule to open judgment. Rule to open confessed judgment. Before Schuyler, P. J., of the 3d judicial district, specially presiding.
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Appeal, No. 3, Jan. T., 1899, by de fendant, from order of C. P. Luzerne Co., Oct. T., 1897, No. 850, refusing rule to open judgment. Rule to open confessed judgment. Before Schuyler, P. J., of the 3d judicial district, specially presiding. The facts sufficiently appear from the following opinion of the court below, refusing motion to open judgment: The pivotal question is whether the stone and sand for which the defendant claims credit were furnished on account of the present judgment. The only evidence that they were so furnished is to be found in the testimony of the defendant himself, as…
1Opinion of the Court
Opinion by
Beaveb, J.,
The rule that “ Au application to open a judgment is addressed to the sound discretion of the court and, on appeal from a refusal to open, the question to be decided is whether that discretion has been properly exercised,” has been so clearly stated, so fully settled and so generally enforced bjr both our appellate courts that it seems scarcely necessary to restate it now: Mullet v. Hensel, 7 Pa. Superior Ct. 524. Is the case under consideration au exception to the rule; or, in other words, was the discretion of the court improperly exercised? The application is based…
2Cases cited1 opinion
- Mullet v. HenselSuperior Court of Pennsylvania · 1898