McCullough v. Kinnan
Superior Court of Pennsylvania
Appeal, No. 82, April T., 1906, by defendant, from order of C. P. Indiana Co., Dec. T., 1904, ' No. 268, refusing to open a judgment in case of S. I. McCullongh. v. H. M. Kinnan and J. W. Kinnan.. Rule to open judgment. The opinion of the Superior Court states the case. jError assigned was in not opening the judgment.
1Opinion of the Court
Opinion by
Beaver, J.,
Applications were made to the court below for the opening of nine several judgments, purporting to be signed by H. M. Kin-nan and his father, J. W. Kinnan, who is the appellant here. After testimony taken, and hearing, all of the judgments were opened, except the one now before us, which the court in an opinion filed refused to open. This of itself shows discrimination on the part of the court and the exercise of discretion. The opinion filed by the court gives the reasons upon which that exercise of discretion is based, and states as a final conr elusion:
“ In our opinion…
2Cases cited3 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Augustine v. WolfSupreme Court of Pennsylvania · 1906
- Blauvelt v. KemonSupreme Court of Pennsylvania · 1900
3Cited by3 opinions
- Atkins v. GristSuperior Court of Pennsylvania · 1910
- Toffolo v. MarinoSuperior Court of Pennsylvania · 1921
- Light v. ShollSuperior Court of Pennsylvania · 1906