Babcock v. Day
Supreme Court of Pennsylvania
Certiorabi to, and appeal from the decree of, the Court of Common Pleas of Warren county: Of January Term 1883, No. 2. This was an appeal by Frank O. Babcock from a decree of the said court discharging a rule to show cause why a judgment entered against him by E. II. Day should not be opened and the defendant let into a defence. The facts were as follows: In the year 1880 and prior thereto Mark and Priscilla York owned and occupied a farm consisting of over 96 acres.
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Certiorabi to, and appeal from the decree of, the Court of Common Pleas of Warren county: Of January Term 1883, No. 2. This was an appeal by Frank O. Babcock from a decree of the said court discharging a rule to show cause why a judgment entered against him by E. II. Day should not be opened and the defendant let into a defence. The facts were as follows: In the year 1880 and prior thereto Mark and Priscilla York owned and occupied a farm consisting of over 96 acres. Upon this farm were erected a dwelling house and two frame barns. On June 8th 1881, this tract of land, with the exception of…
1Opinion of the CourtJustice Clark
This appeal is taken, under the Act of 4th April, 1877, to the decree of the Court of Common Pleas of Warren county, refusing to open a.judgment, entered upon a single bill, by' virtue of a warrant of attorney contained therein, in favor of E. II. Day against Frank O. Babcock, for $1,200.
The application to open a judgment, whether entered upon a judgment note or otherwise, is an appeal to the discretion of the coart. The only question raised here, in such case, therefore, is whether the court rightly exercised that discretion under the evidence : Earley’s Appeal, 90 Penn. St. 321. This court…
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