Commonwealth v. Erie Mortgage Co.

Kitts, P. J.,

— This case comes before the court on a petition to open judgment and, while it is addressed to the equity side of the court, no judgment should be opened under our jurisprudence except in clear cases and especially where it would be the duty of a trial judge to direct a verdict.

“The court, to which application is made to open a judgment, may judge the weight of the evidence and the credibility of the witnesses, and is not’bound, even where there is a conflict of testimony, to send the case to a jury. The whole proceeding resolves itself into the exercise of a sound judicial…