Hall v. Applebee
Supreme Court of Pennsylvania
from the decree of the court of common pleas of ERIE COUNTY. No. 281 July Term 1888, Sup. Ct.; court below, No. 384 February Term 1881, C. P. On March 14, 1881, A. E. Hall caused judgment to be entered in bis favor against T. W. Applebee upon a judgment note for $105 dated April. 14, 1875, payable April 14,1876. On February 25, 1888, the defendant obtained a rule on the plaintiff to show cause why the judgment should not be opened, and he be allowed to make a defence…
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from the decree of the court of common pleas of ERIE COUNTY. No. 281 July Term 1888, Sup. Ct.; court below, No. 384 February Term 1881, C. P. On March 14, 1881, A. E. Hall caused judgment to be entered in bis favor against T. W. Applebee upon a judgment note for $105 dated April. 14, 1875, payable April 14,1876. On February 25, 1888, the defendant obtained a rule on the plaintiff to show cause why the judgment should not be opened, and he be allowed to make a defence thereto. Both the plaintiff and the defendant took depositions. The defendant' testified, substantially, that on April 14,1875,…
1Opinion of the Court
Pee Curiam:
This was an appeal from the refusal of the court below to open a judgment. In the Appeal of the Jenkintown National Bank, decided at this term, and reported in 124 Pa. 387, it was held that “ An application to open a judgment entered upon a warrant of attorney or judgment note, is an equitable proceeding, addressed to the discretion of the court, and is to he disposed of in accordance with the principles of equity. The judge to whom the application is made acts as a chancellor, and upon appeal the Supreme Court will only see that his discretion has been properly exercised.” There…
2Cases cited1 opinion
- Appeal of MendinhallSupreme Court of Pennsylvania · 1889
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