Legal Opinion

Triffin v. Thomas

Supreme Court of Pennsylvania

Decided July 1, 1983No. 1885PublishedCited by 21 opinions

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

  1. BALK v. Ford Motor Co.Supreme Court of Pennsylvania · 1971
  2. Cercone v. CerconeSuperior Court of Pennsylvania · 1978
  3. Shainline v. Alberti Builders, Inc.Superior Court of Pennsylvania · 1979
  4. Monroe Contract Corp. v. Harrison Square, Inc.Superior Court of Pennsylvania · 1979
  5. 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

  1. Lazzarotti v. JulianoSupreme Court of Pennsylvania · 1983
  2. Cross v. 50th Ward Community Ambulance Co.Supreme Court of Pennsylvania · 1987
  3. Hudgins v. Jewel T Discount StoreSupreme Court of Pennsylvania · 1986
  4. Finkbiner v. Medical Professional Liability Catastrophe Loss FundCommonwealth Court of Pennsylvania · 1988
  5. Keystone Insurance v. CaputoSupreme Court of Pennsylvania · 1987

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

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