Spiess v. Mooney
Superior Court of Pennsylvania
Appeal, No. 118, Oct. T., 1916, by plaintiff, from order of Municipal Court of Philadelphia Co., June T., 1914, No. 486, opening judgment in case of C. William Spiess, trading as Lewis A. Taulane, agent, v. Katharine Mooney & David Hyde, individually, and trading as Madam Katharine Ladies’ Tailoring Company. Kule to open judgment.
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Appeal, No. 118, Oct. T., 1916, by plaintiff, from order of Municipal Court of Philadelphia Co., June T., 1914, No. 486, opening judgment in case of C. William Spiess, trading as Lewis A. Taulane, agent, v. Katharine Mooney & David Hyde, individually, and trading as Madam Katharine Ladies’ Tailoring Company. Kule to open judgment. The depositions in support of the rule show that suit was begun in assumpsit for rent at a time when Katharine Mooney was away from her home, that-papers were served on David Hyde, who was illiterate, and did not understand them, that on Mrs. Mooney’s return, he…
1Opinion of the Court
Opinion by
Orlady, P. J.,
It has been frequently decided that an application under the Act of May 20,1891, P. L. 101, giving the right of appeal from orders opening, vacating or striking off, etc., judgments of any kind, whether entered by amicable confession Upon warrant of attorney, or otherwise, is an equitable proceeding addressed to the discretion of the *11court. The judge to whom the application is addressed, acts as a chancellor, and the appellate courts examine the record only to determine whether this discretion has been properly exercised. It is a mistake to suppose that the court to…
2Cases cited8 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Charles D. Kaier Co. v. O'brienSupreme Court of Pennsylvania · 1902
- Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Blauvelt v. KemonSupreme Court of Pennsylvania · 1900
- Stephan v. HudockSuperior Court of Pennsylvania · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States Savings and Trust Co. v. HelselSupreme Court of Pennsylvania · 1936
- Baker's Est., Exr. v. Woodworth Et Ux.Superior Court of Pennsylvania · 1938
- J. B. Colt Co. v. BenjaminSuperior Court of Pennsylvania · 1919
- Cramer Oil Burner Co. v. FergusonSuperior Court of Pennsylvania · 1926
- Leonard v. WarfieldSuperior Court of Pennsylvania · 1918
3 more not listed; retrieve them via the Exa API.