Horn v. Witherspoon

Opinion by

Mr. Justice Drew,

Appellant petitioned in the court below for a rule to open and let appellant in to an alleged defense to a judgment entered by confession on a mortgage bond. From the order dismissing the petition and refusing the rule this appeal was taken.

We think the court has not abused its discretion. A petition to open a judgment by confession is addressed to the sound discretion of the trial court (Sferra v. Urling, 324 Pa. 344; George v. George, 318 Pa. 203; Kaier Company v. O’Brien, 202 Pa. 153) and is essentially an equitable proceeding ruled by the principles of equity:…