Legal Opinion

Miller v. Mastrocola

Superior Court of Pennsylvania

Decided October 18, 1938No. Appeal, 249PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Rhodes, J.,

This is an appeal by defendants from an order of the court below dismissing their petition and discharging their rule to open a judgment entered against them on a judgment note accompanying a bailment lease. Such proceedings to open a judgment are a substitute for a bill in equity (Rome Sales & Service Station v. Finch, 120 Pa. Superior Ct. 402, 405, 183 A. 54); a petition to open a judgment entered upon a warrant of attorney is an equitable proceeding governed by equitable principles, and addressed to the sound discretion of the trial court (Horn v. Witherspoon, 327 Pa.…

2Cases cited13 opinions

  1. Mielcuszny Et Ux. v. Rosol (Et Ux.)Supreme Court of Pennsylvania · 1934
  2. Mutual Building & Loan Ass'n v. WalukiewiczSupreme Court of Pennsylvania · 1936
  3. Rome Sales & Service Station v. FinchSuperior Court of Pennsylvania · 1935
  4. Newtown T. T. Co. v. Underw'd (Et Al.)Supreme Court of Pennsylvania · 1935
  5. Horn v. WitherspoonSupreme Court of Pennsylvania · 1937

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Vallish v. RapoportSupreme Court of Pennsylvania · 1950
  2. Kuntz v. Lanbar Hotel Co., Inc.Supreme Court of Pennsylvania · 1955
  3. Keystone National Bank v. DeamerSuperior Court of Pennsylvania · 1940
  4. DeMuro v. Esler, Pennsylvania Court of Common Pleas, Luzerne County1951
  5. Denkin v. Sterner, Pennsylvania Court of Common Pleas, York County1956

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