Earley's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Dauphin county: Of May Term 1879. No. 189. Appeal of John Earley, from the decree of the court refusing to open a judgment entered upon a warrant of attorney. Earley gave a judgment-note to John Zaring for $472.18..
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Appeal from the Court of Common Pleas of Dauphin county: Of May Term 1879. No. 189. Appeal of John Earley, from the decree of the court refusing to open a judgment entered upon a warrant of attorney. Earley gave a judgment-note to John Zaring for $472.18.. Judgment was entered on the note and execution issued thereon, when Earley obtained a rule to show cause why the judgment should not be opened, on the ground that one of three notes which made up the amount of the judgment-note was a forgery. Depositions were taken, and a hearing had before Pearson, P. J., who in an opinion, inter alia,…
1Opinion of the Court
The judgment of the Supreme Court was entered,
Per. Curiam.
The exercise of jurisdiction upon rules to open judgments entered on warrants of attorney, has always been held to be within the ■ sound discretion of the courts. The Act of April 4th 1877, Pamph. L. 53, which provides for an appeal to this court, has not changed the law in that respect. It provides only that the decision “ shall be reviewed by appeal in like manner and proceedings as equity cases are now appealed.” It is a mistake to suppose that the court cannot judge of the weight of the evidence .and the .credibility of witnesses,…
2Cited by22 opinions
- Mielcuszny Et Ux. v. Rosol (Et Ux.)Supreme Court of Pennsylvania · 1934
- Charles D. Kaier Co. v. O'brienSupreme Court of Pennsylvania · 1902
- Berkowitz v. KassSupreme Court of Pennsylvania · 1945
- Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Schuy'l T. Co. v. Sobolewski Et Ux.Supreme Court of Pennsylvania · 1937
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