Legal Opinion

Fryberger v. Motter

Superior Court of Pennsylvania

Decided March 14, 1904No. Appeal, No. 153PublishedCited by 2 opinions

Appeal, No. 153, Oct. T., 1903, by defendants, from order of C. P. Centre Co., Jan. T., 1899, No. 16, discharging rule to open judgment in case of C. T. Fryberger v. Margaret Motter and Frank Motter. Rule to open judgment. The opinion of the Superior Court states the case. Error assigned was order of the court discharging rule to open judgment.

1Opinion of the Court

Opinion by

Orlady, J.,

The note on which this judgment was founded was signed in 1894, the judgment thereon was entered in 1899, and neither defendant made any attempt to have it opened until February, 1908. The contradictory testimony and the delay in seeking relief furnished sufficient reason to justify the court, acting as a chancellor and controlled by equitable principles, in making the decree it did: Hirschlan v. Krechman, 20 Pa. Superior Ct. 227; Shannon v. Castner, 21 Pa. Superior Ct. 294.

The judgment is affirmed.

2Cases cited2 opinions

  1. Shannon v. CastnerSuperior Court of Pennsylvania · 1902
  2. Hirschlan v. KrechmanSuperior Court of Pennsylvania · 1902

3Cited by2 opinions

  1. International Harvester Co. of America v. MillerSuperior Court of Pennsylvania · 1912
  2. Wilson v. FitzgeraldSuperior Court of Pennsylvania · 1904