Kistler v. Scheirer
Superior Court of Pennsylvania
Appeal, No. 22, Jan. T., 1899, by defendant, from definitive decree of C. P. Carbon Co., Oct. T. 1896, No. 115, refusing to open judgment and let defendant into a defense. Opinion by Smith, J. Rule to open judgment for $750. Before Craig, P. J. The facts sufficiently appear from the opinion of the court below as follows: This' is an application to open a judgment. It is addressed to our equitable discretion.
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Appeal, No. 22, Jan. T., 1899, by defendant, from definitive decree of C. P. Carbon Co., Oct. T. 1896, No. 115, refusing to open judgment and let defendant into a defense. Opinion by Smith, J. Rule to open judgment for $750. Before Craig, P. J. The facts sufficiently appear from the opinion of the court below as follows: This' is an application to open a judgment. It is addressed to our equitable discretion. Our duty is to consider the testimony submitted, and to see if a case has been made out which would justify us in making the rule absolute. On the 3d of December, 1896, the defendant…
1Opinion of the Court
Opinion by
Smith, J.,
This is an appeal from the decree of the court of common pleas refusing to open a judgment entered by confession. The application was to the equitable powers of that court and we are to inquire whether the discretion vested in that tribunal has been abused, in a legal sense. The character and scope of the discretion of the common pleas and the duty of this court in *225review, should be borne in mind in these oases. In discussing this question in a recent case (Steel Iron Co. v. Jacobs, 9 Pa. Superior Ct. 122) we said: “ The question in the court below, was not whether there…
2Cases cited3 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- George P. Steel Iron Co. v. JacobsSuperior Court of Pennsylvania · 1898
- Hall v. ApplebeeSupreme Court of Pennsylvania · 1889
3Cited by1 opinion
- Freeman v. SannerSuperior Court of Pennsylvania · 1899