Welzel v. Link-Belt Co.

Opinion by

Keller, P. J.,

Tbe plaintiff in this action of assumpsit bas appealed from tbe order of tbe court below opening a judgment entered for want of an affidavit of defense against one of tbe defendants, Link-Belt Company.

Tbe opening of a judgment entered by default is a matter within tbe sound discretion of tbe court, sitting as a chancellor, to be disposed of in accordance with principles of equity. For our practice of opening sucb judgments on motion and rule is a substitute for a bill in equity, adopted by Pennsylvania judges when we bad no court of chancery (Mitchell on Motions and…