Youngk v. Keim
Supreme Court of Pennsylvania
Appeal, No. 139, April T., 1907, by defendant, from order of C. P. No. 2, Allegheny Co., Jan. Term, 1901, No. 39, discharging rule to open judgment in case of Mary L. Youngk v. Elizzie S. Keim. Rule to open judgment. The opinion of the Superior Court states the case. Error assigned was in discharging rule to open judgment.
1Opinion of the Court
Opinion by
Head, J.,
That the evidence in this case is somewhat conflicting, on the issues of fact involved, does not furnish any sufficient foundation for the conclusion that the learned court below was guilty of an abuse of discretion in discharging the rule to open the judgment. On the main question, as to the genuineness of the signature, there was not only evidence which, if believed, would support the finding that the note was signed by the defendant, but the fair preponderance of the testimony *338clearly points to that conclusion. Indeed,, apart from the fact that the first name of the…
2Cited by1 opinion
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