Gardner, Admx. v. Salem

Opinion by

Parker, J.,

This is an appeal from an order of the court below discharging a rule to show cause why a judgment entered by confession on a warrant of attorney should not be opened and defendant permitted to make defense. We are all of the opinion that the rule should have been made absolute.

“An application to open a judgment entered upon a warrant of attorney is an equitable proceeding, addressed to the sound discretion of the court and to be disposed of in accordance with equitable principles ...... On appeal this court determines only whether the discretion has been abused”:…