Humphrey v. Tozier
Supreme Court of Pennsylvania
Appeal, No. 283, Jan. T., 1893, by defendant, A. L. Tozier, from decree of C. P. Clearfield Co., Dec. T., 1890, No. 247, refusing to open judgment, Robert Humphrey, assignee of E. L. Brown v. A. L. Tozier. Rule to open judgment entered on judgment note. Plaintiff’s testimony was lost or mislaid, and was not printed in appellant’s paper-book.
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Appeal, No. 283, Jan. T., 1893, by defendant, A. L. Tozier, from decree of C. P. Clearfield Co., Dec. T., 1890, No. 247, refusing to open judgment, Robert Humphrey, assignee of E. L. Brown v. A. L. Tozier. Rule to open judgment entered on judgment note. Plaintiff’s testimony was lost or mislaid, and was not printed in appellant’s paper-book. The alleged substance of the testimony, however, was printed, and from this, and from the history of the case in appellee’s paper-book, it appeared that the use plaintiff, before he took the note upon which the judgment was entered, was assured by…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
An application to open a judgment and let the defendant into a defence is substantially an appeal to the equity power of the court, and should of course be proceeded in, as nearly as may be, according to equity practice: O’Hara v. Baum, 82Pa. 420. The petition and answer thereto are in the nature of bill and answer in equity. The testimony, taken by depositions or otherwise, is intended to furnish the necessary proofs upon which the court acts in making its order or decree opening the judgment, etc., or denying the relief prayed for. An appeal from its…
2Cited by8 opinions
- Borteck v. GoldenburgSuperior Court of Pennsylvania · 1925
- Standard Furnace Co. v. RothSuperior Court of Pennsylvania · 1931
- Feldman v. LeaceSuperior Court of Pennsylvania · 1919
- Universal Credit Co. v. EnyartMissouri Court of Appeals · 1936
- Hanhauser v. Pennsylvania & New England RailroadSupreme Court of Pennsylvania · 1908
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