Triffin v. Thomas
Supreme Court of Pennsylvania
1Opinion of the Court
WIEAND, J.: *
The present appeal was taken from an order opening a default judgment. Because the order was based solely on petition and answer, without evidence from which a determination of disputed factual issues could be made, we reverse and remand for further proceedings.
It is now well settled that when a respondent effectively denies material allegations in a petition to open judgment, the petitioner must support his position with evidence. Bell v. Jefferson Republican Club, 304 Pa.Super. 157, 161, 450 A.2d 149, 151 (1982). Accord: Philadelphia City Employees Federal Credit Union v.…
2Cases cited32 opinions
- BALK v. Ford Motor Co.Supreme Court of Pennsylvania · 1971
- Cercone v. CerconeSuperior Court of Pennsylvania · 1978
- Shainline v. Alberti Builders, Inc.Superior Court of Pennsylvania · 1979
- Monroe Contract Corp. v. Harrison Square, Inc.Superior Court of Pennsylvania · 1979
- Instapak Corp. v. S. Weisbrod Lamp & Shade Co.Superior Court of Pennsylvania · 1977
27 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lazzarotti v. JulianoSupreme Court of Pennsylvania · 1983
- Cross v. 50th Ward Community Ambulance Co.Supreme Court of Pennsylvania · 1987
- Hudgins v. Jewel T Discount StoreSupreme Court of Pennsylvania · 1986
- Finkbiner v. Medical Professional Liability Catastrophe Loss FundCommonwealth Court of Pennsylvania · 1988
- Keystone Insurance v. CaputoSupreme Court of Pennsylvania · 1987
16 more not listed; retrieve them via the Exa API.