Klopfer v. Ekis
Supreme Court of Pennsylvania
Appeals, Nos. 178 and 274, Oct. T., 1892, by plaintiff, C. P. Klopfer, from orders of G. P. No. 2, Allegheny Co., July T., 1891, No. 261, aud April T., 1878, No. 588, making absolute a rule to open judgment. Rules to open judgments.
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Appeals, Nos. 178 and 274, Oct. T., 1892, by plaintiff, C. P. Klopfer, from orders of G. P. No. 2, Allegheny Co., July T., 1891, No. 261, aud April T., 1878, No. 588, making absolute a rule to open judgment. Rules to open judgments. The petition for the rule averred that, in 1873, defendant purchased a house and lot on Forty-fourth street, Pittsburgh, Pa., from C. F. Klopfer for about $2,700, and gave his judgment bond and mortgage for $2,400, payable in six annual installments of $400 each, with interest, dated Feb. 11,1873. That defendant took possession and made payments amounting to about…
1Opinion of the Court
Pkk Curiam,
In Jenkintown National Bank’s Appeal, 124 Pa. 345, it was said by this court: “ It is difficult to lay down the precise measure of proof which should move a chancellor to open a judgment. That he may not act unless there is more than oath against oath is a familiar rule in chancery practice. When there is more than this, and it comes to the question of the weight of the evidence, it is for him to decide to which side the *43scales incline. If lie is in doubt upon this question, or as to the credibility of the witnesses, a prudent course would suggest the aid of a jury. This rule…
2Cases cited1 opinion
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
3Cited by3 opinions
- Weber v. RolandSuperior Court of Pennsylvania · 1909
- Crawford ex rel. Watson v. RathSuperior Court of Pennsylvania · 1897
- McCarty v. EmerickSuperior Court of Pennsylvania · 1933