Poelcher v. Poelcher

Opinion by

Mr. Justice Jones,

This is an appeal from an order refusing to open a judgment entered by confession upon a warrant of attorney.

The appellant’s burden is a heavy one. An application to open a confessed judgment is addressed to the sound discretion of the court which, in the exercise thereof, is governed by equitable principles; and, on appeal, the court’s dispositive order will not be reversed except for a clear abuse of discretion: see Berkowitz v. Kass, 351 Pa. 263, 264, 40 A. 2d 691, and cases there cited. A refusal to open a judgment where the defendant has produced evidence,…