Ackler v. Miller
Superior Court of Pennsylvania
Appeal, No. 217, Oct. T., 1919, by defendant from judgment of Municipal Court of Phila. Co., April T., 1919, No. 433, discharging rule to open judgment in the case of L. Adder v. Carl Miller. Rule to open judgment. Before Crane, J. The court discharged the rule. Defendant appealed. Error assigned was in discharging defendant’s rule to open the judgment and vacate and set aside the execution.
1Opinion of the Court
Per Curiam,
This appeal is from an order of the court below discharging a rule to open a judgment that had been regularly entered. An application of this character is addressed to the sound discretion of the court below, and in the appellate court, the question is whether there has been any abuse of that discretion. This, of course, must be a sound, judicial one, and in sustaining a judgment it must be exercised upon the facts and circumstances before the court, after they have been heard and duly considered: Dunbar v. Lutton, 72 Pa. Superior Ct. 77, and authorities there cited. The disputed…
2Cases cited1 opinion
- Dunbar v. LuttonSuperior Court of Pennsylvania · 1919